60 Years of the European Convention on Human Rights and Taxation

Journal
Baker, P.
European Union
European Taxation 2021 (Volume 61), No. 12
FormatPDF
USD
45

In this article, the author provides a survey of European Court of Human Rights decisions, from the 1959 X v. Germany case, regarding a tax levy on speculative bonds, to a series of recent cases on the prohibition of double jeopardy (ne bis in idem) set out in article 4 of the Seventh Protocol. The author goes on to examine areas in which the application of the ECHR has resulted in changes in the law, the biggest failings of the ECHR/ECtHR, the position of the taxpayer in the 2020s and, finally, the cause of any shortcomings in failing to protect taxpayers’ rights, together with possible solutions.