POVRAT OTETE IMOVINE – BITNO HRVATSKO PITANJE ZA EUROPSKU BOSNU I HERCEGOVINU
RETURN OF SEIZED PROPERTY IMPORTANT CROATIAN QUESTION EUROPEAN BOSNIA AND HERZEGOVINA
Author(s): Stiepo Andrijić, Mira Pešić-AndrijićSubject(s): Political history, Social history, EU-Approach / EU-Accession / EU-Development
Published by: Sveučilište u Mostaru i Institut društvenih znanosti Ivo Pilar, Zagreb
Keywords: seized property; return seized property; the Law on Restitution; seized sovereignty; economic crisis; a historical regularity;
Summary/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.
Journal: Mostariensia - časopis za društvene i humanističke znanosti
- Issue Year: 22/2018
- Issue No: 1
- Page Range: 15-23
- Page Count: 9
- Language: Croatian
