ZAGREB, Feb 25 (Hina) - A thematic session on compensation for property confiscated during the communist regime, organised by the parliamentary committees on legislation and justice and the Constitution and the Rule Book, has once
again shown that finding a solution to the problem of property restitution which would satisfy all interested parties is a difficult task. The government and parliament have been bound by a Constitutional Court decision to change the existing or adopt a new law on compensation for confiscated property by July 1. The Constitutional Court in 1999 annulled several provisions of the law describing them unconstitutional. Among those was a provision which says that only Croatian citizens have the right to submit compensation or restitution requests. The new law should grant this right also to foreigners whose property was confiscated. A debate among representatives of different
ZAGREB, Feb 25 (Hina) - A thematic session on compensation for
property confiscated during the communist regime, organised by the
parliamentary committees on legislation and justice and the
Constitution and the Rule Book, has once again shown that finding a
solution to the problem of property restitution which would satisfy
all interested parties is a difficult task.
The government and parliament have been bound by a Constitutional
Court decision to change the existing or adopt a new law on
compensation for confiscated property by July 1. The
Constitutional Court in 1999 annulled several provisions of the law
describing them unconstitutional. Among those was a provision
which says that only Croatian citizens have the right to submit
compensation or restitution requests. The new law should grant this
right also to foreigners whose property was confiscated.
A debate among representatives of different interest associations
showed that in some aspects their interests are diametrically
opposed.
A secretary to the Association of Tenants, Slavko Trumbic, believes
the right to pre-emption of former owners should be excluded from
the law and the purchase of confiscated flats enabled. Sasa
Novakovic, representative of the Association of Former Owners,
disagreed, saying tenants' requests were contrary to the
Constitution. Retired Constitutional Court judge Zdravko
Bertovcak said there were no problems if the confiscated property
existed because the only possible choice in that case was returning
it to the owner. Difficulties, he said, arise when confiscated
property no longer exists, so all Croatian citizens should
compensate former owners on the basis of solidarity, which would
still only be another injustice, Bertovcak added.
The session re-opened a new-old question: to which period does the
law applies - to 1945 or 1941 or even earlier.
The parliament is open to all arguments, said the chairman of the
Committee on the Constitution and the Rule Book, Mato Arlovic,
adding the issue of restitution and compensation should be
approached cautiously given the fact that it would incur new
financial liabilities for the state.
(hina) rml