PROVISIONS OF LAW ON EXPELLED PERSONS DECLARED UNCONSTITUTIONAL

ZAGREB, May 3 (Hina) - The Constitutional Court on Wednesday declared as unconstitutional provisions of the Law on the Status of Expelled Persons and Refugees discontinuing the eviction of expelled persons. Although those provisions have been abolished by changes to the Law, the Court used its powers to complete the procedure aimed at establishing whether they are in line with the Constitution. The provisions, which have been abolished and declared unconstitutional, refer to a ban on evicting expelled persons from the houses and flats which they had been granted by May 1995, until they are able to return to their homes or are provided with alternative accommodation. In 1997 the provisions were contested by the Ombudsman and the Civic Committee for Human Rights, who judged that they were violating the constitutional right to property, equality under the law, and the inviolability of one's own home. In resolving this issue, the Constitutional Court sought the opinion of international experts, i.e. the Council of Europe's Venice Commission, which judged that the purpose of the contested provisions was legitimate, however, they violated the rights of the owners in whose homes refugees were accommodated. The Constitutional Court ruled that the rights of owners had been violated because they received no compensation for the use of their property by other persons nor was there a deadline by when the expelled were allowed to use other persons' homes. The Court also ruled that the contested provisions violated the principle of the rule of law and equality under the law. (hina) jn rml