CRO GOVT FORWARDS BILL ON RATIFICATION OF EUROPEAN CONVENTION TO PARLI

PARLI $ AMENT ZAGREB, Oct 9 (Hina) - The Croatian government on Thursday endorsed a report by the working group for the adjustment of Croatian legislation with the European Convention on Human Rights, and adopted its recommendations for correcting certain shortcomings in laws. The government sent to parliament for urgent consideration a bill ratifying the European Convention on the Protection of Human Rights and Basic Freedoms and Protocols 1, 4, 6, 7 and 11. Deputy Prime Minister Ljerka Mintas-Hodak said that with accession to the Council of Europe Croatia had made a commitment to accept the standards set in the conventions and charters of that organisation within one year's time, i.e. by November 6. She noted that before ratification, the government had decided to review the overall legislation, adding that the analysis by the working group showed that the adjustment of Croatian legislation was closely connected with legislative reform and the adjustment of laws with the Croatian Constitution. It was assessed that the Croatian Constitution was not only in full harmony with the European Convention but that it also provided more rights, she added. Mintas-Hodak said that more than 750 laws had been passed in the last seven years, and that the working group had analysed about 130 laws. The working group concluded that most of the Croatian laws were in conformity with the provisions of the European Convention, and formulated recommendations for correcting certain shortcomings. The first group of recommendations refer to changes in individual provisions of some laws which were in full contravention of the Convention and Protocols, Mintas-Hodak said. The working group recommended that the application of article 14, paragraph 2 of the Law on the Status of Displaced Persons and Refugees be deferred until the adjustment of this law with the Convention. The article makes it impossible for the owner to regain the possession of his property which is unlawfully occupied by displaced persons. Included is also article 34 of the Law on Administrative Disputes (it stipulates closed sessions of the Administrative Court when deciding on administrative disputes). In connection to this article, the working group recommended that Croatia expresses its reservation with regard to the solution of the issue in the Convention, Hodak said. The second group of recommendations pertains to provisions of particular laws which are not compliant with the Constitution - such as certain provisions of the law on offences, execution of sanctions, public gathering, home affairs. The working group suggested that recommendations for their adjustment be forwarded to the Parliament for consideration as soon as possible. The third group is a group of laws which have been adjusted to the Constitution, but certain provisions are, however, not adjusted with the Convention, so they should be amended as soon as possible. As examples, Hodak cited the laws on the movement and temporary residence of foreigners, on income tax, internal revenue police. A group of laws refers to areas which should be elaborated and regulations be brought, as well as solutions for which had been established that they could become disputable, (for example, certain provisions of the law on criminal procedure, administrative disputes, law on bankruptcy). (hina) vm lm jn 091659 MET oct 97