Manjkavosti upravnog postupka u postupku eksproprijacije
Shortcomings of administrative procedure in the expropriation process

Author(s): Nejra Orić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; administrative procedure; expropriation; BiH; legal framework; property;
Summary/Abstract: This article presents defectiveness, but also feasibilities with regard to improve every particular aspect of expropriational administrative procedure in purpose of efficiency, transparency, timeliness, and individual's protection against arbitrariness of public authorities. Beside each caught sight defectiveness concrete (potential) solution is proposed. For some problems, solution is possible to achieve by changing positive legislature, but for others by changing legal practice. Accordingly to Bosnia and Herzegovina's obligations to harmonize it’s legislation with acquis communautaire, relavant legal opinions of European Court for Human Rights are given. Expropriation act closely correspond with one of the fundamental rights – ownership right. Therefore, a balance between public and private interest must be expressed by adequate and precisely determined compensation for expropriated property.

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