CERTAIN DOUBTS REGARDING THE IMPLEMENTATION OF THE LAW ON COMPENSATION FOR PROPERTY TAKEN DURING THE YUGOSLAV COMMUNIST REGIME

legal nature of time limit for instituting proceedings/relationship to the Treaty on Economic Issues between the Republic of Croatia and the Holy See

Abstract

This paper focuses on some of the problems that have arisen in the implementation of the Law on Compensation for Property Taken during the Yugoslav Communist Regime and the Treaty on Economic Issues concluded between the Republic of Croatia and the Holy See. It appears that the dispute about the legal nature of time limit for instituting proceedings according to the latter and other laws has been resolved by the decision of the Constitutional Court in case no. U-III-5694/13 of March 1st, 2016, at least insofar as judicature is concerned. On the other hand, the application of the above mentioned legal act and its relation to the Treaty with the Holy See raises certain doubts. This paper presents and analyses opposing arguments for alternative conclusions on the most important issues within the scope of the above acts’ application – which are equally legitimate and persuasive. Concluding, the authors recommend that the parties to the present Treaty and/or mixed commission use their powers in order to regulate the rights and duties of the Holy See and the Republic of Croatia in a clear and unambiguous manner.