Onder 6.8. Raad van State 4 april 2018

74. For that reason, unlike Article 8 of the Convention, Article 1 of Protocol No. 1 does not in such cases presuppose the availability of a procedure requiring an individualised assessment of the necessity of each measure of implementation of the relevant planning rules. It is not contrary to the latter for the legislature to lay down broad and general categories rather than provide for a scheme whereby the proportionality of a measure of implementation is to be examined in each individual case (see James and Others, cited above, § 68, and Allen and Others v. the United Kingdom (dec.), no. 5591/07, § 66, 6 October 2009). There is no incongruity in this, as the intensity of the interests protected under those two Articles, and the resultant margin of appreciation enjoyed by the national authorities under each of them, are not necessarily co-extensive (see Connors, cited above, § 82). Thus, although the Court has in some cases assessed the proportionality of a measure under Article 1 of Protocol No. 1 in the light of largely the same factors as those that it has taken into account under Article 8 of the Convention (see Zehentner, §§ 52-65 and 70-79; Gladysheva, §§ 64-83 and 90-97; and Rousk, §§ 108-27 and 134-42, all cited above, as well as Demades v. Turkey, no. 16219/90, §§ 36-37 and 44-46, 31 July 2003), this assessment is not inevitably identical in all circumstances. 75. In the first applicant’s case, the house was knowingly built without a permit (contrast N.A. and Others v. Turkey, no. 37451/97, § 39 in fine, ECHR 2005-X, and Depalle, cited above, § 85), and therefore in flagrant breach of the domestic building regulations. In this case, regardless of the explanations that the first applicant gave for this failure, this can be regarded as a crucial consideration under Article 1 of Protocol No. 1. The order that the house be demolished, which was issued a reasonable time after its construction (contrast Hamer, cited above, § 83), simply seeks to put things back in the position in which they would have been if the first applicant had not disregarded the requirements of the law. The order and its enforcement will also serve to deter other potential lawbreakers (see Saliba, cited above, § 46), which must not be discounted in view of the apparent pervasiveness of the problem of illegal construction in Bulgaria (see paragraphs 41-43 above). In view of the wide margin of appreciation that the Bulgarian authorities enjoy under Article 1 of Protocol No. 1 in choosing both the means of enforcement and in ascertaining whether the consequences of enforcement would be justified, none of the above considerations can be outweighed by the first applicant’s proprietary interest in the house. 76. The implementation of the demolition order would therefore not be in breach of the first applicant’s rights under Article 1 of Protocol No. 1."

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