Published on 17 July 2023

FOURTH SECTION

Application no. 26522/17 Antonije BOJKOVIĆ against Serbia lodged on 27 March 2017 communicated on 29 June 2023

SUBJECT MATTER OF THE CASE

The application concerns the expropriation of the applicant’s land.

On 6 October 2016 the applicant was served with the Constitutional Court’s decision in this case.

The applicant complains under Article 1 of Protocol No. 1 that he suffered a violation of his property rights as a consequence of the insufficient amount of compensation awarded to him in the course of the expropriation proceedings.

QUESTIONS TO THE PARTIES

1. Has the applicant properly exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, did he raise in substance, that is factually and in terms of legal arguments, with the Constitutional Court and the lower courts before that the entirety of the complaint which he now wishes to raise before the Court (see, for example, Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 117, 20 March 2018; see, also, Vučković and Others v. Serbia (preliminary objection) [GC], nos. 17153/11 and 29 others, § 72, 25 March 2014)?

2. Has the applicant been deprived of his possessions in the public interest and in accordance with the conditions provided for by law and the general principles of international law, within the meaning of Article 1 of Protocol No. 1? If so, did that deprivation impose a disproportionate individual burden on the applicant in terms of the amount of compensation awarded to him (see, for example, Scordino v. Italy (no. 1 ) [GC], no. 36813/97, §§ 93-98, ECHR 2006-V, with further references)?

3. The Government are invited to provide all of the relevant documentation regarding the expropriation-related and constitutional proceedings in question.