Review article
DEVIATION IN SPECIAL LEGISLATION REGARDING THE PROCESS OF EXPROPRIATION IN CROATIA
Frane Staničić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
Expropriation is an institute used when private and public interests do not overlap i.e. when public interest cannot be achieved in any other way. In Croatia the expropriation is included in the Law of expropriation as a general law applied in all expropriation procedures. However the expropriation procedure is arranged by a series of other special laws which more or less deviate from general arrangement of expropriation regulated by the Law of expropriation. The author analyses in the paper a series of special laws arranging with their provisions the expropriation procedure differently. The author in particular analyses expropriation according to the Law of investment projects in Croatia. Some cases have been analysed showing that deviation from general arrangement of expropriation is necessary and legitimate. However, the paper also deals with certain deviations from general arrangement of expropriation contrary to the Croatian constitution resulting in the fact that due to such deviations the protection of human rights is not always secured under procedures carried out according to special
Keywords
Constitution of Croatia; expropriatio; Law of expropriation; special laws
Hrčak ID:
120000
URI
Publication date:
30.12.2013.
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