318. Tests for inclusion and applicable principles.

While the European Court of Human Rights has refrained from providing a definition of a 'civil right' or 'obligation'1, the following tests for inclusion within the category have arisen in the case-law:

  1.  

    (1)     whether the proceedings relate to a right which is of a private nature2 or a personal, economic and individual right flowing from specific rules3;

  2.  

    (2)     whether the particular right or obligation is closely linked to or has affinities with other rights and obligations of a plainly private nature