There is no protected “property” within the meaning of Article 1 of Additional Protocol No. 1 to the ECHR

The BiH Constitutional Court did not establish that there was a property within the meaning of Article 1 of Additional Protocol No. 1 to the ECHR in the following cases:

■ customs duties;¹⁸⁵⁴

■ donation for reconstruction of a house, if there is no right to it but a decision is at the discretion of the administrative authority;¹⁸⁵⁵

■ expropriated property;¹⁸⁵⁶

■ confiscated property;¹⁸⁵⁷

■ nationalised property;¹⁸⁵⁸

■ compensation for damages in the case of dissolution of marriage concluded according to Shariat (the so-called mahr);¹⁸⁵⁹

■ compensation for damage caused to property during the war if the alleged responsible person is not sued;¹⁸⁶⁰

■ offer in the privatisation process¹⁸⁶¹ or auction;¹⁸⁶²

■ taxes on revenue, sales tax;¹⁸⁶³

■ right to restitution in accordance with a law supposed to be adopted;¹⁸⁶⁴

■ priority right to purchase in the case of division of property according to the ownership portions;¹⁸⁶⁵

■ precarious contract¹⁸⁶⁶

■ list on the allocation of apartments: being put on the apartment allocation list (based on which socially owned apartments used to be allocated); the procedure for assessment of the candidate’s eligibility for putting him/her on the list;¹⁸⁶⁷ request to declare the apartment allocation list null;¹⁸⁶⁸

■ costs of utilities: garbage collection fee;¹⁸⁶⁹

■ meal allowance off duty;¹⁸⁷⁰

■ ownership and other property rights whose acquisition is at the discretion of administrative authorities (expectations of acquiring a land;¹⁸⁷¹ the employees’ expectations of acquiring shares in a company in the privatisation process;¹⁸⁷² the expectations of a JNA member who had an occupancy right that he would conclude a contract on the apartment purchase¹⁸⁷³);

■ ownership and other property rights which the appellant could not prove during the proceedings (ownership;¹⁸⁷⁴ compensation for expropriation;¹⁸⁷⁵ a priority right to purchase a land, which ceased to exist;¹⁸⁷⁶ the rights under the purchase pre-contract;¹⁸⁷⁷ occupancy right;¹⁸⁷⁸ heritage;¹⁸⁷⁹ claim for damages;¹⁸⁸⁰ claim for compensation for damages caused by inflation or denomination¹⁸⁸¹; compensation for military service;¹⁸⁸² pension;¹⁸⁸³ compensation for performed work¹⁸⁸⁴);

■ ownership and other property rights exercised without legal basis;¹⁸⁸⁵ however, unlawfully acquired ownership¹⁸⁸⁶ or lease,¹⁸⁸⁷ fall under the scope of application¹⁸⁸⁸ if the unlawfulness is based on an act of the competent authority, its failure to act or declaration;

■ ownership and other property rights which are allocated for temporary use;1889

■ ownership and other property rights which have been declared null in fair proceedings (declaration on nullity of a purchase contract;¹⁸⁹⁰ declaration on nullity of a decision on restitution;¹⁸⁹¹ declaration on nullity of a lease contract¹⁸⁹²);

■ confiscated property.¹⁸⁹³