Oerlemans v The Netherlands 15 EHRR 561 1991: Access to Court: Government designated as a protected natural site an area of land, including land belonging to applicant -- Compliance: whether the applicant was given the opportunity to challenge the lawfulness of the order

European Court of Human Rights: Government designated as a protected natural site an area of land, including land belonging to applicant. The designation order required that certain certain farming activities require authorisation. Applicability: whether a dispute exists over a right: whether the right in issue is of a civil character: there existed a dispute concerning the restrictions on applicant’s use of his property. The property right in question was ‘civil’ in nature. Compliance: whether the applicant was given the opportunity to challenge the lawfulness of the order pursuant to the convention (art6(1)): Under Netherlands case law where an administrative appeal to a higher authority does not guarantee fair procedure, it is possible to have recourse to the civil courts for a full review of the lawfulness of the administrative decision.

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