ZAGREB, Feb 18 (Hina) - The European Court of Human Rights in Strasbourg will for the first time tackle the legal significance of tenancy rights in Croatia, having taken into advisement the case of a woman from Zadar.
ZAGREB, Feb 18 (Hina) - The European Court of Human Rights in
Strasbourg will for the first time tackle the legal significance of
tenancy rights in Croatia, having taken into advisement the case of
a woman from Zadar. #L#
The head of the Croatian government's office for cooperation with
the said court, Lidija Lukina Karajkovic, told Hina Tuesday that in
late January the court had decided to accept the lawsuit of Zadar's
Kristina Blecic, aged 77. Parties in the process received note of
the court's decision today.
"The court will deliberate on whether the plaintiff's ownership
rights and the right to a home had been violated due to her loss of
tenancy rights," which are protected by the European convention on
the protection of basic human rights and freedoms, Lukina
Karajkovic said.
Blecic sued the Croatian state at the court in Strasbourg in 2000
because of the failure of domestic courts, including the supreme
and constitutional courts, to protect her rights to ownership and
home.
She enjoyed tenancy rights to a flat in Zadar. In July 1991, she left
to Rome to visit her daughter. Due to the war and health
difficulties, she extended her stay in Rome to a year.
In the meantime, her flat was forcefully occupied by a family with
two children.
All Croatian court decisions were founded on the then provisions by
which a person may lose their tenancy rights if they had not been in
the flat for more than six months. Considering war events and a
large number of refugees, local authorities allowed refugees to
occupy empty flats.
In reply to the plaintiff's lawsuit, the Croatian government said
that her right to ownership had not been violated since she was the
bearer of tenancy rights, not an owner of the flat in Zadar.
Despite these explanations, the European human rights court
decided to take on the suit.
The proceedings will determine whether there had been violations to
ownership rights nevertheless, because the bearers of tenancy
rights could have become rightful owners with favourable
purchasing benefits.
The court also suspects that the right to a home was violated and
that there had been no efficient protection of these rights before
Croatian courts.
(hina) lml sb