Својина Манастира Високи Дечани - голгота или заштита?
Property of the Serbian Orthodox Church Monastery High Decani - Suffering or Protection?

Author(s): Duško M. Čelić
Subject(s): Law, Constitution, Jurisprudence, Eastern Orthodoxy
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Decani Monastery;The right to peaceful enjoyment of possessions;The right to a fair trial;Golgotha "property";Deed of gift;UNMIK "justice";Special Chamber of the Kosovo Supreme Court;
Summary/Abstract: Actions of UNMIK ''Justice system'' in proceedings against the Monastery of Decani, which are the subject of substantive disputes regarding the rights of ownership of real estate by the monastery (originally taken from the monastery by the implementation of repressive measures in 1946 and then returned to a lesser extent under the Contract of Gift in 1997) indicate the lack of basic guarantees for the exercise of the right to peaceful enjoyment of property and the right to a fair trial. Judgment of ''EULEX's Special Chamber of the Supreme Court of Kosovo'' from 2012 sheds new light on the (in)ability to protect property of the Serbian Orthodox Church in Kosovo and Metohija.

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