Naslov
Possible Future Challenge for the ECtHR?: Importance of the Act on Exemption and the Sanader Case for Transitional Justice Jurisprudence and the Development of Transitional Justice Policies

Autori
Roksandić Vidlička, Sunčana

Izvornik
Zbornik Pravnog fakulteta u Zagrebu (0350-2058) 64 (2014), 5/6; 1091-1119

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, pregledni rad, znanstveni

Ključne riječi
transitional justice discourse ; the Sanader case ; jurisprudence of the ECtHR in “transitional justice” cases ; the Croatian Act on Exemption of Statute of Limitations ; possible reasoning of the ECtHR regarding the Act on Exemption

Sažetak
Constitutional amendments adopted in Croatia in 2010 that allowed retroactive prosecution of economic crimes related to the process of ownership transformation and privatization committed during the Homeland War and peaceful reintegration, and war profiteering cases (transitional economic crimes) opened a Pandora’s box. It should be argued that these Constitutional amendments and the Act on Exemption from the Statute of Limitations belong to the mechanisms of “transitional justice” usually implemented in post-conflict societies with the aim of achieving full realization of the rule of law and the principle of social justice. The one case prosecuted to date in Croatia on the basis of the Act on Exemption, received tremendous media attention: the case against the former prime minister of Croatia, Ivo Sanader. As the decision in the Sanader case has become final, this article illuminates the transitional justice narrative of the Act on Exemption and raises the question whether this Act as such, through the Sanader case, could be put under the scrutiny of the European Court of Human Rights as a “transitional justice case” that tackles some of the most fundamental provisions of the European Convention of Human Rights. This article therefore explores the narratives of transitional justice discourse, and touches upon the need to protect economic, social and cultural rights in the context of transitional justice mechanisms. Moreover, this article tries to anticipate some of the questions with which the European Court of Human Rights could deal in order to either confirm or reject the Croatian approach towards combating transitional economic crimes. In any case, if this “Croatian model” of transitional justice laws is proven to be legally justified and effective, it could be implemented in the other countries in the region and possibly serve as a model on how to approach long neglected crimes – transitional economic offences that could have grave consequences on the development of the society.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA