What Do the Decisions of the European Court of Human Rights Tell About Property Rights Across Europe?

23 Pages Posted: 13 Apr 2016 Last revised: 27 May 2016

See all articles by David Gomtsyan

David Gomtsyan

ZEW – Leibniz Centre for European Economic Research

Suren Gomtsian

University of Leeds School of Law; Tilburg Law and Economics Center (TILEC)

Date Written: April 11, 2016

Abstract

Despite the important role that institutions play in explaining economic growth, there exist few objective quantitative measures of institutional quality. We propose a new quantitative index that allows comparing the strength of property rights across the member states of the Council of Europe. To construct the index, we analyzed all judgments of the European Court of Human Rights (ECtHR) related to property rights for all member states and identified whether the ECtHR had found a violation of property rights in the domestic courts’ decisions. The resulting data were used to calculate the likelihood of finding violation in the judgments of national courts. Assuming that the ECtHR is impartial and unbiased, higher probability of overruling the judgments of local courts from a given country implies that the level of property rights protection is low. Our constructed measure is highly correlated with a number of indices of property rights protection used in the literature and serves as a strong objective foundation for these indices. Furthermore, we found that the ECtHR had received more applications from countries with higher likelihood of national court judgments violating property rights.

Keywords: Institutions, Property Rights, European Court of Human Rights, Economic Development

JEL Classification: O43, P48

Suggested Citation

Gomtsyan, David and Gomtsian, Suren, What Do the Decisions of the European Court of Human Rights Tell About Property Rights Across Europe? (April 11, 2016). TILEC Discussion Paper No. 2016-09, Available at SSRN: https://ssrn.com/abstract=2762522 or http://dx.doi.org/10.2139/ssrn.2762522

David Gomtsyan

ZEW – Leibniz Centre for European Economic Research ( email )

L 7, 1
Mannheim, L 7, 1
Germany

Suren Gomtsian (Contact Author)

University of Leeds School of Law ( email )

Leeds, LS2 9JT
United Kingdom

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
105
Abstract Views
740
rank
367,778
PlumX Metrics