Review article
RETURN OF SEIZED PROPERTY IMPORTANT CROATIAN QUESTION EUROPEAN BOSNIA AND HERZEGOVINA
Stiepo Andrijić
; prof. emeritus
Mira Pešić-Andrijić
; University of Travnik
Abstract
The property is a fundamental human right; a fundamental prerequisite for the birth and
existence of man in time and given space. Regulated property is an essential and fundamental factor
of the human community. All the facilities of the society are based on it. The existence of Croats and
Muslims in Bosnia and Herzegovina depend on the way in which the property is regulated in Bosnia
and Herzegovina.
The property is legitimately acquired by (1) the creation, (2) the purchase and (3) inheritance. Only
these methods of the acquisition enable a stable political system, equality of sovereignty of the peoples and prosperity of the economy. Therefore a prerequisite for the stability and existence of the
current state of Bosnia and Herzegovina is return of the illegitimately acquired property, restitution.
The return of illegimately politically seized property with two fingers should be done.
However, there are political forces who made the certification of property acquireded by force of illegitimate legislation. Thus, the Party of Democratic Action in 1997 at the House of Peoples, under the
pretext of protection of national interests of Muslims, precluded the adoption of the Law on Restitution
by which Croats, the owners of seized property were damaged for at least eighty billion convertible
marks. By this procedure SDA MPs have committed a violation of the Constitution and the ratified
International Convention of property rights. The representatives of the peole did not have did not have
a mandate for such activites, whereas it should not even be talked about their human and political
morality; raise two fingers to seize someone else’s property. One one people made the decision on
the property of three constituent peoples. As the property is fundamental and first component of sovereignty, by this action the sovereignty of Croats has been seized in the common state of Bosnia and
Herzegovina.
As legislation on restitution has not yet been accepted, the proprietary establishment of social property
is not entirely transformed into legislation. This has created a gap for achieving legal framework of
property and the untenable situation is created for the existence of a constituent people, Croats, in
the common state. Theoretical and historic regularity are thus achieved; unorganized and separately
seized, property expresses inevitable political and economic crisis and the survival of the state union.
Keywords
seized property; return seized property; the Law on Restitution; seized sovereignty; economic crisis; a historical regularity
Hrčak ID:
227275
URI
Publication date:
4.6.2018.
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