engleski

Restitution: The Experience of Croatia

The paper deals with one of the most difficult and complex issues that the Republic of Croatia has to deal with after acquiring its independence: the issue of restitution or compensation for the property that was taken at the time of the former Communist regime. Croatian experiences could be instructive for Serbia as Croatia and Serbia were parts of the common state, socialist Yugoslavia, with a legal system that was partly identical (Yugoslav legal system) and partly similar (republic legal systems). In order to be able to design recommendations for Serbia, the authors of the paper have made complex research that includes: - Legal sources analysis ; - Analysis of the Croatian Administrative Court and the Constitutional Court judicatures ; - Analysis of the European Court for Human Rights cases against Croatia ; - Review of certain official and semi-official reports (for example, annual reports of the Croatian Ombudsman ; the Ministry of Justice reports on the situation considering restitution cases ; internal reports and correspondence within departments of the Ministry of Justice, etc.) ; - Bibliography review ; - Two semi-structured interviews with Ljiljana Karlovčan Đurović, vice-president of the Administrative Court of the Republic of Croatia (4 September 2009), and with Sonja Baretić, head of the Department for Second Instance Administrative Procedures of the Ministry of Justice (7 September 2009) ; - Gathering information from other sources. The results of the research are presented in the paper.

restitution; Croatia; denationalization

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