The European Court of Human Rights and State-Owned Entities: Engagement and Development of a Jurisprudence Constante

Abstract

The article analyses the jurisprudence of the European Court of Human Rights (ECtHR) concerning State-owned entities (SOE s) in the following areas: standing, the criteria for determining the nature and status of an entity, the positive obligations of States in the context of SOE s, the attribution of acts and omissions of SOE s to the State for the purpose of State responsibility, the liability of States for the debts of SOE s and the obligations of the State to promptly enforce decisions against SOE s. The aim of the article is to uncover the main issues that the ECtHR has had to consider when dealing with SOE s: whether the approach taken by the Court is consistent over time; whether and where applicable the Court’s approach is consistent with, or departs from, general international law; and what are the main principles that can be ascertained from this case law.