The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in The Netherlands. The paper focuses on anti-social behaviour-related cases in which the landlord requests the court to issue an eviction order.
The paper is based on a statistical analysis of nearly 250 judgements concerning housing-related anti-social behaviour.
A significant difference is found in the court’s attitude against drug-related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases, the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, the Dutch courts ignore the tenant’s proportionality defence in 10 per cent of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any difference for the court decision.
The paper presents original data on the legal protection against eviction in cases concerning anti-social behaviour. This is the first study that analyses the approach towards housing-related anti-social behaviour in the context of the European minimum level of protection. Whilst centred on legislation and procedures in The Netherlands, its findings and discussion are relevant in other jurisdictions facing similar issues.
The authors acknowledge with gratitude the research of Johan Bakker, Marvin Kiehl, Hans Knoops and Sander Vols. Jan Brouwer and Rosemary Rijnks-Harrison provided helpful comments on previous drafts of the article. The authors also would like to thank the two anonymous reviewers for their suggestions and comments.
Vols, M., Tassenaar, P.G. and Jacobs, J.P.A.M. (2015), "Anti-social behaviour and European protection against eviction", International Journal of Law in the Built Environment, Vol. 7 No. 2, pp. 148-161. https://doi.org/10.1108/IJLBE-08-2014-0021Download as .RIS
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