The Human Rights Dimension of Creditors’ Position in Enforcement and Insolvency Procedures: Lessons to Be Learned From ECtHR Case Law

Abstract The protection of creditors’ human rights and procedural guarantees is important and necessary in both enforcement and insolvency procedures. They are guaranteed in national constitutions and international treaties, in particular the European Convention of Human Rights and Fundamental Freedoms. The purpose of this paper is to compare the position of the creditor in both types of procedures from a human rights perspective. In particular, it focuses on the procedural right to a fair trial (Article 6) and the substantive right to peaceful enjoyment of one’s possessions (Article 1 of Protocol No. 1) as understood by the European Court of Human Rights. The article critically analyses its relevant case law, which, by interpreting both rights, defines the limits of national rules on enforcement and insolvency procedures.