Resolution CM/ResDH(2011)52[1]
Execution of the judgments of the European Court of Human Rights
Vajagić against Croatia
(Application No. 30431/03, judgments of 20/07/2006, final on 11/12/2006
and of 16/10/2008, final on 16/01/2009)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in this case concern the authorities’ failure to provide compensation for the applicants’ expropriated property and lack of an effective remedy in this respect (violations of Article 1 of Protocol No. 1 and Article 13) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)52
Information about the measures to comply with the judgment in the case of
Vajagić against Croatia
Introductory case summary
The case concerns the failure of the authorities to decide on the amount of compensation to which the applicants were entitled under domestic law for the expropriation in 1976 of certain of their properties (violation of Article 1 of Protocol No. 1). The Court noted that most of the delays were caused by the successive remittals which disclosed a deficiency in the procedural system.
The case also concerns the lack of an effective remedy under domestic law which would have enabled the applicants to obtain a decision determining the amount of their compensation (violation of Article 13). The Court noted in this respect that the constitutional complaint against the excessive length of judicial proceedings introduced in Croatia in 2002 was not applicable to proceedings before administrative organs.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
11000 EUR
8000 EUR
1630 EUR
19630 EUR
Paid on 25/03/2009
b) Individual measures
The proceedings challenged in this judgment were still pending when the Court delivered its judgment. However, the applicants subsequently withdrew their claim and the Virovitica County Court discontinued the proceedings on 15/02/2010. The Court awarded the applicants just satisfaction corresponding to the difference between the value of their property and the compensation they had obtained at national level by the decision of the Ministry of Justice of 19/05/2006. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
In order to prevent similar violations, the Croatian authorities have taken a number of measures:
1) Concerning the violation of Article 1 of Protocol No. 1: The Court noted in its judgment that the new Expropriation Act of 1994 provided that the decision on compensation should be given at the same time as the actual expropriation took place. Moreover, if there are still cases similar to that of the applicants, they should be settled with the introduction of an effective remedy against the excessive length of this kind of proceedings (see below).
Following to the Court’s judgment in this case, the administrative authorities have also been informed in writing of the need to conclude any similar proceedings concerning expropriation compensation as soon as possible. In the case of successive remittals, the second-instance body would apply the new case-law and award an advance payment to the party concerned pending the final resolution of the issue.
2) Concerning violation of Article 13: The necessary measures have been taken in the framework of the case of Počuča (Application no. 38550/02).
3) Publication and dissemination: The Court’s judgment was published on the website of the Ministry of Justice (). It was sent to the Constitutional Court, Supreme Court, State Administration Office in Virovitica County and Civil Law Directorate of the Ministry of Justice.
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Croatia has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies
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