Communicated on 10 April 2018
FIRST SECTION
Applications nos. 59359/15 and 16039/16
Petra MARIĆ against Croatia
and Verica MRĐANOV against Croatia
lodged on 23 November 2015 and 16 March 2016 respectively
SUBJECT MATTER OF THE CASE
The applications concern administrative proceedings in which the applicants sought payment of their pensions for the period between June 1994 and June 1998, April 2000 and June 2001, and November 1991 and January 1997. The domestic administrative and judicial authorities dismissed the applicants’ claims by merely relying on section 87(2) of the Pension Insurance Act, which provided that unpaid pension installments could not be recovered if they had not been paid due to the circumstances caused by pensioners themselves (such as a failure to notify the authorities of the change of address, to submit life certificate, to renew the power of attorney, etc.). However, the authorities did not specify what circumstances in the applicants’ cases justified the application of the above provision.
QUESTIONS tO THE PARTIES
1. Did the applicants have a fair hearing, in accordance with Article 6 § 1 of the Convention? In particular:
(a) Did the High Administrative Court and/ or the Constitutional Court address the applicants’ arguments that the conditions for the application of section 87(2) of the Pension Insurance Act had not been met because the circumstances that it envisaged had not existed in their cases?
(b) In the negative, was the failure of those courts to address their arguments contrary to the applicants’ right to a reasoned judgment, implied in Article 6 § 1 of the Convention?
2. Has there been a violation of the applicants’ right to the peaceful enjoyment of their possessions, guaranteed by Article 1 of Protocol No. 1 to the Convention?
APPENDIX
1. Application no. 59359/15:
Petra MARIĆ is a national of Bosnia and Herzegovina who was born in 1936 and lives in Stanari, Bosnia and Herzegovina.
2. Application no. 16039/16:
Verica MRĐANOV is a Serbian national who was born in 1936 and lives in Stapar, Serbia.
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