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.