Information Note on the Court’s case-law 31

June 2001

Truhli v. Croatia - 45424/99

Judgment 28.6.2001 [Section IV]

Article 6

Civil proceedings

Article 6-1

Access to court

Termination of proceedings concerning constitutional complaints following entry into force of new legislation: no violation

Facts : The applicant brought unsuccessful proceedings in the administrative court in respect of the reduction of the pension which he had received as a former officer in the Yugoslav army. In 1993 the applicant lodged a constitutional complaint in respect of a decree on the pensions of former Yugoslav Army officers but the Constitutional Court terminated the proceedings in 1998 on the basis that legislation which had come into force in the meantime had confirmed the position with regard to the pensions. The applicant had also lodged a constitutional complaint in respect of that legislation, but those proceedings were ter minated by the Constitutional Court after new legislation on pensions entered into force in 1999. Finally, a constitutional complaint which the applicant had lodged in 1994 in respect of the decisions taken by the lower bodies was dismissed by the Constitu tional Court in 1999 on the ground that the decisions at issue were based on the relevant laws.

Law : Article 6 § 1 –The applicant disagrees in substance with the authorities' decisions to decrease his pension and Croatian law undoubtedly afforded him the p ossibility of bringing court proceedings in order to settle that dispute: he initially lodged an application with the administrative court, thus contesting the lower bodies’ decisions, and then availed himself of both possibilities of pursuing his case, na mely by bringing a constitutional complaint alleging that his constitutional rights had been violated by the lower bodies’ decisions and by bringing a constitutional claim challenging the constitutionality of the relevant laws. Although the Constitutional Court terminated the proceedings concerning the applicant’s constitutional claims, in the light of new legislation, it decided on the applicant’s individual constitutional complaint, dismissing his complaint on the basis that his constitutional rights had not been violated. In these circumstances, the applicant had access to a court for the determination of his civil rights and the fact that the Constitutional Court had decided to terminate other proceedings did not restrict the exercise of this right in su ch a way or to such an extent that the very essence of the right was impaired.

Conclusion : no violation (unanimously).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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