Komisija za raseljena lica i izbjeglice (CRPC) – pravno nasljeđe
Commission for Displaced Persons and Refugees (CRPC) - legal legacy

Author(s): Srđan Arnaut
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; CRPC; Displaced Persons and Refugees; commission; mandate; human rights; BiH;
Summary/Abstract: Constitution of Bosnia and Herzegovina established state structure clearly indicating what are the competencies of institutions in Bosnia and Herzegovina and by the principle of negative competence defined that all that is not under the state responsibility is under the responsibility of entities. However, in accordance with the Article 7 of Dayton Peace Agreement the Commission for Real Property Claims of Displaced Persons and Refugees (CRPC) was established and it used to be an absolute authority in the domain of property return and tenancy rights for displaced persons and refugees, as well as to all those illegally deprived from property during the war period in Bosnia and Herzegovina. The Commission did not use to work on the basis of regulations and laws of Bosnia and Herzegovina, but on the basis of its own regulations. CRPC decisions could not be revised by any institution in Bosnia and Herzegovina. CRPC could only revise its own decision by the appeal of interested party or by the official duty. This Body which had an international character and whose members enjoyed the immunity had limited time of duration of its mandate and during this period they resolved 300.000 requests by which more than 95% of deprived or occupied property was returned. When the mandate of CRPC ceased, all unsolved requests were passed to entities in accordance with entity laws and they continued to be resolved in accordance with the entity regulations. After the casement of CRPC, 700 appeals on which objections were given in a due time by interested parties, remained unsolved, but due to the undisputed decisions of CRPC and prohibition of their revision no one could decide on them.

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