Professional paper
PRACTICE OF THE ADMINISTRATIVE COURT OF THE REPUBLIC OF CROATIA IN THE PROCEEDINGS FOR COMPENSATION OF EXPROPRIATED PROPERTY
Božo Gagro
; Administrative court of the Republic of Croatia
Abstract
Taking into consideration the provisions of the Constitution of the Republic of Croatia by which judicial control of the legality of individual acts of public authorities has been guaranteed, in this article the author presents past practice of the Administrative Court of the Republic of Croatia in deciding upon administrative actions taken against final administrative acts made in pursuance of the Act on Compensation of Property Expropriated during the Yugoslav Communist Regime, which entered into force on the 1st of January 1997.
The author emphasizes certain dilemmas which have occurred in the implementation of the mentioned Act due to some imprecise and unclear provisions of the Act, as well as incomplete regulation of particular issues regulated by this Act. In this connection, the author analyses individual provisions of the mentioned Act, indicating dilemmas which have occurred in their implementation and presenting the legal interpretation of the Court expressed in the administrative dispute concerning the judicial review of legality of administrative acts made by the application of these legal provisions.
Having in mind problems which have arisen in the application of the mentioned Act up to now, and taking into account the exceptional significance of the act which aims at improving or at least mitigating injustice done to the owners of expropriated property, the author points out the necessity to amend and supplement the mentioned Act.
Keywords
compensation of expropriated property; administrative act; administrative court; judicial review of legality of administrative acts
Hrčak ID:
197849
URI
Publication date:
15.12.2000.
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