The Franak Association Seeks Protection for Below-Average Incomes from Illegal Foreclosures

The Franak Association sent an open letter on Monday to the Minister of Justice Dražen Bošnjaković and the President of the Croatian Parliament Gordan Jandroković, requesting that below-average incomes be protected from illegal foreclosures and that amendments to the Enforcement Act, which are on the Parliament’s agenda but have not yet been discussed, be adopted as a matter of urgency.

Below-average wages, or incomes, must not be foreclosed more than is permitted by Article 173, Paragraph 2 of the Enforcement Act, the Franak Association states, noting that they have information that certain creditors are foreclosing entire below-average incomes if the debtor, prior to June 2008, made a statement allowing this to occur.

This limitation, they emphasize, applies “to ongoing proceedings regardless of when they were initiated and under which law they should be completed.”

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In the open letter to Bošnjaković and Jandroković, they demand that a statement be issued promptly and without delay, ordering strict compliance with Article 173, Paragraph 2 of the Enforcement Act, and that the Final Proposal for the Amendments to the Enforcement Act, which is on the agenda of the Croatian Parliament but has not yet been discussed, be urgently debated.

“We demand that each of you two officials perform your part of the job within your jurisdiction, and that Croatian institutions and officials stand in defense of the rule of law and stop the illegal actions of certain creditors,” they emphasize in the letter.

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This regulation, they stress, must be applied even though they are aware that it is “unconstitutional, as it protects below-average incomes while not protecting average and above-average incomes.”

Therefore, in the letter, they appeal for the Final Proposal for the Amendments to the Enforcement Act to be adopted as soon as possible so that the retroactive application of Article 173 can be prescribed for all incomes.

“This is necessary not only for the protection of citizens’ incomes but also because, at this moment, Paragraphs 1 and 2 of Article 173 are contradictory and thus unconstitutional, as one part of the citizens is protected while another part is not protected for the same issue,” the Franak Association states.