Shorten reasoning of the constitutional complaint:

The constitutional complaint is submitted due to violation of RS Constitution and European Convention on Human Rights and Basic Freedoms which guarantee the right to property and right to have a fair trial. The submitter of the constitutional complaint in both cases of violation has status of a victim, i.e. the injured party to the dispute, as a person whose rights have been violated. In case of violation of the right to property Ilija Dević has both status of directly and indirectly injured, as a person who had a legitimate expectations that the City of Novi Sad as an organ of public authority in performing the functions of public authority, would fulfill its obligations taken on the basis of one-side promise and let and respect the obligations relating building of the new Bus Station and the Service on the location of ATP Vojvodina a.d. in Novi Sad from the changed General Plan of the City of Novi Sad until 2021 adopted at the session of the City Assembly hold on 3 March 2006 and on basis of the contract concluded on 8 May 2006 with ATP Vojvodina a.d. Novi Sad as well as on the basis of the issued construction and use licences for the newly-built Bus Station and Service on the location of ATP Vojvodina a.d. Novi Sad. The obligation taken but not fulfilled by the City of Novi Sad consists of regulation of relocation of the bus traffic from the old location downtown to the location of ATP Vojvodina a.d. Novi Sad by regulating the bus traffic and bus stops in the City in such a way that the newly-built Bus Station and the Service on the location of ATP Vojvodina a.d. Novi Sad can do their business for which the City of Novi Sad issued the construction and use permits, because of which Ilija Dević invested his assets as an investor, because of which he took the guarantee on the basis of the credit obligations of ATP Vojvodina a.d. Novi Sad towards the business banks, and all that in order to finance building of the new Bus Station and Service. Ilija Dević made the abovementioned decisions fulfilling the authorities as the majority owner and Director of ATP Vojvodina a.d. Novi Sad, legitimately expecting that the City of Novi Sad would conscientiously fulfill the taken obligations coming from both the individual acts the City of Novi Sad took (the promises given when accepting the letter on intentions, concluded contract and issued construction and use licences), and the general act by which the City of Novi Sad took the general obligation toward all the natural and legal persons in the City of Novi Sad on the basis of the plan document relating relocation of the bus traffic in order to pursue the public interest of the City of Novi Sad regarding relocation of the bus traffic from downtown to the location for which the City of Novi Sad decided in the plan document to be the most appropriate for the City, solving of ecological problems consisting of the air pollution due to entering of the inter-city and international buses the City center, realization of the new urban solutions predicted by the plan document and creating of the conditions for achieving the economic interest through the possibility to offer for sale the plots where the old Bus Station was located to potential buyers in order to provide the budget funds to the City of Novi Sad. Violation of the right to property of Ilija Dević consists of illegal, unfair interference into property of Ilija Dević, in such a way that Ilija Dević’s investment was endangered and he was prevented from enjoying his property rights based on that investment, and the interference consisted of giving up all the taken obligations and claiming during the court procedure that the taken obligations were null and void (both those whose source was in the individual legal acts and the ones given in the plan document), as if the City of Novi Sad had not taken the abovementioned obligations when exercising the public power and as the one in charge and being guarantee of legal certainty on that basis. The consequence of such acting of the City of Novi Sad is that they demanded and obtained exemption (immunity) from responsibility for the inflicted damage on the basis of such a behavior, and the damage consisted of material (devaluation and confiscation free of charge Ilija Dević’s property, activating of Ilija Dević’s and the legal entities related to him obligations on the basis of the guarantee for the obligations of ATP Vojvodina and non-revenue generation and profit which would have been realized in the regular course of the matters if the City of Novi Sad had fulfilled the taken obligations) and intangible damage (due to loss of parts and reputation on the basis of loss of business reputation and getting the status of creditunworthy person, as well as because of the emotional pain suffered caused by the persecution he and his family members were exposed to). Interference of the City of Novi Sad was not proportional because not even one public interest was obtained due to which the City of Novi Sad had taken the abovementioned obligations and it was not fair because such a behavior violated Ilija Dević’s right to the property, transferring all the harmful consequences exclusively to his property.

Violation of the right to fair trial is the one that can be seen through the fact that in the court procedure initiated by Ilija Dević against the City of Novi Sad his right to fairly discuss the demand for the inflicted damage compensation was violated. Violation of this right was realized through the violation of the right to legal certainty and prohibition of arbitrary decision-making by courts, along with violation of his right to approach the court, through violation of the right to evidence, through violation of the right to have a reasoned court decision and through the violation of the right to the procedural equality. In explanation of the violation of the right to fair trial through every of the listed manifestations, it has been explained that a constitutional complaint is not submitted as a legal remedy by which reconsideration of the fourth-instance final decision is demanded, but because of the way in which the court case was conducted and in which the made court decisions were deeply unfair, and that way prevented Ilija Dević from exercising his right as an injured person just because such a damage compensation was demanded by Ilija Dević and only because the damage compensation demand was set against the City of Novi Sad. It has been explained in the constitutional complaint that the City of Novi Sad disabled business activities, functioning and generating regular income from the newly-built Bus Station only because they in that way encroached on the property rights of Ilija Dević, and that the newly-built Bus Station and Service were sold in the bankruptcy procedure as functional units for which the use licence was issued by the City of Novi Sad, which means that the new owner of the Bus Station and Service will be enabled to generate income and profit through possession and management of that property.

The violation of the right to property and the right to a fair trial is illustrated in detail by evidence and references to court decisions from the case law of the European Court of Human Rights.

Constitutional complaint

Attacment No.1

Attacment No.2

Attacment No.3

Attacment No.4

Best regards, Ilija Dević