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April 23, 1998
To The Constitutional
Court of the Republic of Croatia
Reg. No: U-I-139/98
JOINT PETITION
| To amend and supplement the Proposal to establish a
procedure to determine the constitutionality and legality of the Act on Compensation for
Property Seized During the Yugoslav Communist Regime, Official Gazette 92/96, filed on 13
February 1998. |
In seeking the protection in accordance with the Constitution of the RC,
Article 1. and 2., Paragraph lj (m) of the Constitutional Law on Human Rights and
Freedoms and on the Rights of Ethnic and National Communities or Minorities in the
Republic of Croatia (OG 34/92) and adopted international agreements, the undersigned
on behalf of victims of fascist and communist regimes petition, under the provisions of
Article 125, Paragraph 1, Subparagraph 3 of the RC Constitution and Article 15 paragraph 1
of the Constitutional Law on Constitutional Court of the Republic of Croatia,
to amend and supplement our Proposition to establish a procedure to determine the
constitutionality and legality of the Compensation Act, as follows:
- The open ownership issues, which resulted from the forceful
seizures of property during the former SFRY communist system, and indirectly, the fascist
system of Independent State of Croatia, and provided that they were not settled during the
SFRY regime, the Republic of Croatia, as a constitutional law abiding State, should
settle in accordance with the RC Constitution and the Constitutional Law on Human Rights
and Freedoms and Rights of Ethnic and National Communities or Minorities in the Republic
of Croatia, and in accordance with the adopted international agreements.
- The Republic of Croatia neither gained possession of the
forcibly seized property from the SRC, nor does it hold the ownership title or deed of
ownership for properties seized in such a way. The Republic of Croatia manages the
seized property under Amendments LXIV. to LXXV of the Constitution of the Socialist
Republic of Croatia of 25 July 1990 (OG 31/90), and under the provisions of the Act
banning the use and transfer of certain real estate in collective ownership to other
users, and into ownership of other individuals and companies of 14 December 1990 (OG
53/90, 61/91, 25/93)
- There is no constitutional nor legislative basis for obtaining the
ownership over the forcibly seized property that the Republic of Croatia has taken over
from the former SRC to manage. The seized property has been neither acquired through
legal sale, contract nor will, or under an independent court’s decision in accordance
with the Constitution and law, nor under the provisions of the Expropriation Act upon
paying a just real value compensation.
- Therefore, we consider these property seizures from lawful owners null
and void, since owners had to relinquish their rights to land or property under duress, by
force, without their consent, under the gross misuse of political power and/or without any
real value compensation.
- We emphasize that Legislator has established, in the transparent and
decisive provisions of Article 77 of the Compensation Act (OG 92/96), that the Republic
of Croatia is not the owner of seized properties, and it can become so only under the
precisely defined conditions. Since this provision is precise and clear, it does not need
an interpretation or explanation - IN CLARIS NON FIT INTERPRETATIO.
- Furthermore, under the firmly established constitutional guarantee of
equality of physical and legal persons, and in view of the fact that certain
corporations have already had their properties completely denationalized, the obligation
of denationalization to all physical persons should follow.
- The Republic of Croatia guarantees under the lengthy line of laws,
acts and regulations, that all persons shall have the right to have restored to them any
property of which they were forcibly deprived and establishes that it holds such property
only factually - in principle (see basic Proposition to establish a procedure for the
constitutionality and legality under the above registration number).
We believe that these opinions supported by the documents (enclosures)
might assist the Court in the interpretation and the decision-making procedure to
determine the constitutionality and legality of the Compensation Act.
ASSOCIATION FOR THE RETURN OF DEPRIVED PROPERTY AND PROPERTY RIGHTS
ZAGREB, Ilica 76
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