CONSTITUTIONAL COURT ON COMPENSATION FOR CONFISCATED PROPERTY

ZAGREB, April 22 (Hina) - Croatia's Constitutional Court on Thursday ruled that foreigners whose property had been confiscated during the Communist times were also entitled to the compensation. At Thursday's session, the Constitutional Court revoked seven provisions of the law on the compensation for the confiscated property during the Yugoslav Communist rule under which only Croatian citizens had the right to get compensation for impounded assets. The Court revoked the provisions, but its ruling has not yet come into effects. The Court gave a one-year period to lawmakers to regulate this matter by acts. The Court refused a proposal to assess whether the entire law was in conformity with the Constitution. The Croatian Constitution has no provisions on de-nationalisation or on the compensation for the confiscated property. Furthermore, there are no international legal obligations for states to return the seized property, the Court said explaining its ruling. During the discussion it was said that none of countries in transition, which were legally regulating and conducting the de- nationalisation, had economic possibilities to return in kind all the confiscated property and to make amends for all negative consequences of the previous confiscation. All laws and thus the law on the compensation include the fundamental assumption that one should not cause new and more grievous injustice by redressing the old one. The law is the result of compromise and the encounter of the opposite rights and interests of the former owners and holders of the right vested on the confiscated property. It was said the Constitutional Court could not evaluate the economic strength of the state and how and to which extent the confiscated property should be either compensated or returned. The Court maintained that the it was in the jurisdiction of the Croatian National Parliament (Sabor) to decide on the compensation and the return of the confiscated property. (hina) jn ms