Stručni rad
CONSTITUTIONAL PROTECTION OF THE RIGHT OF OWNERSHIP IN THE LIGHT OF POSITIONS TAKEN BY THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA
Sandra Marković
; Ustavni sud Republike Hrvatske, Zagreb
Marijana Radin
; Ustavni sud Republike Hrvatske, Zagreb
Sanja Trgovac
; Ustavni sud Republike Hrvatske, Zagreb
Sažetak
According to the Article 3 of the Republic Croatia the right to own property is inviolable as one of the highest constitutional value. The Article 48, paragraph 1, guarantees the right to property as one of the human rights and basic freedoms. The constitutional judicial protection of these rights in front of the Constitutional Court of the Republic of Croatia is secured under the Article 128 of the Constitution. The article presents an overview of practice and standings of the Constitutional Court regarding the protection of constitutional right to property since 1991 until nowadays. Two main issues are discussed: the control of constitutionality and legality of legislative acts in abstracto and the control of protection of human rights and basic freedoms in concreto. In the first research period the object of constitutional control were transitional regulations and their application in concrete, individual cases. In such cases the Constitutional Court applied the extensive interpretation of the constitutional right of ownership For example; the Court declared that the right of ownership was infringed even in case of trespassing and procedural infringements by courts. By the beginning of 2000, the Constitutional Court shifted to restrictive approach when deciding about protection of the constitutional right of ownership trying to restrict its actions within the limits of its constitutional jurisdiction (the Court in its judgements protects constitutional, but not all subjective rights). The impulse for such shifting was a significant rise of constitutional complaints lodged with the Court. In this period, the Constitutional Court began to pay more attention to the rulings of the European Court for Human Rights and to harmonise its own positions with these taken by the European Court. In the last period starting with 2009 and decision no. U-IIIB-1373/2009, the Constitutional Court has elaborated the essence of the constitutional right of ownership identifying three individual rules on constitutional regulation of ownership according to the model proposed by the European court for Human Rights. At the same time, the Constitutional Court has changed its method when deciding upon constitutional complaints. Due to the constant increase in number of constitutional complaints filed with the Court and to the fact that many of them do not contain relevant reasons from the constitutional point of view which would be a valid basis for the Constitutional Court to deliver a judgment, the Court dismisses such complaints without deciding about the infringement of constitutional rights because complaint has given no explanations on the infringement, but rather the constitutional rights have been only enumerated within it.
Ključne riječi
Constitutional Court; ownership; European Courts for Human Rights
Hrčak ID:
82249
URI
Datum izdavanja:
1.4.2011.
Posjeta: 9.643 *