Feb 23, 2012

Discrimination on Grounds of Nationality

As reported by Novi list, Croatian government is considering a constitutional amendment in order to restrict the right to restitution of property only to Croatian nationals. The proposed measure appears to be a prima facie discrimination on grounds of nationality contrary to Art. 18 of the TFEU. It also appears to run against what the CJEU said in Tas-Hagen and Tas §§ 29 to 37. 

Croatia signed the Treaty of Accession, accession has been endorsed on a national referendum and ratification in Croatian parliament is imminent. Croatia is additionally bound by Art. 18 of the Vienna Convention on the Law of Treaties which reads: 

Article 18
Obligation not to defeat the object and purpose of a treaty prior to its entry into force

A State is obliged to refrain from acts which would defeat the object and
purpose of a treaty when:

 (a) it has signed the treaty or has exchanged instruments constituting
     the treaty subject to ratification, acceptance or approval, until it
     shall have made its intention clear not to become a party to the
     treaty; or
 (b) it has expressed its consent to be bound by the treaty, pending the
     entry into force of the treaty and provided that such entry into
     force is not unduly delayed.

More to follow. 

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