engleski

From Ljubljanska Banka d.d. v. Croatia to Slovenia v. Croatia: The Exercise in Jurisdiction Ratione Personae of the European Court of Human Rights

The paper gives an overview of ratione personae jurisdiction issues in closely connected applications Ljubljanska banka d.d. v. Croatia and Slovenia v. Croatia at the European Court of Human Rights. The alleged victim of violations of several provisions of the European Convention on Human Rights in both applications is a company – Ljubljanska banka d.d. The first application was declared inadmissible by the First section of the Court in June 2015 and the second, the inter-state one, was filed in September 2016. It is firstly shown how the Convention and the Court treat companies as victims of human rights violations in general in accordance with the Article 34 of the Convention on individual applications. After that, it is examined what were the reasons for the rejection of the application Ljubljanska banka d.d. v. Croatia for being "incompatible ratione personae with the provisions of the Convention". The author then turns to the inter-state application. The main question which is considered here is if Ljubljanska banka d.d. v. Croatia was inadmissible because of the lacking of ratione personae jurisdiction of the Court, whether the Slovenia v. Croatia, which is concerned with practically the same allegations, could be declared admissible. In order to provide an answer to this question it is given an analysis of the nature of Article 33 of the Convention on inter-state cases compared to the nature of Article 34 on individual applications.

European Court of Human Rights, ratione personae jurisdiction, companies, inter-state cases

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