European Court rules on Croatia's pension cancellation

The European Court of Human Rights has ruled that Croatia did not violate human rights by canceling a family pension previously granted to the widow of an HVO member.

The case originated in 2007 when the widow was granted a pension based on her late husband's status as a fallen Croatian defender. However, in 2014, authorities reopened the case after discovering that the deceased was not recorded as a member of the Croatian Army, but had died in Bosnia and Herzegovina as a member of the HVO.

The Court in Strasbourg accepted Croatia's argument that reopening the procedure was lawful and in the public interest to correct a social security error. The ruling noted that while the pension was suspended, the Croatian government did not demand the return of previously paid funds, and the widow did not demonstrate resulting financial hardship.

Furthermore, following legislative changes, the widow's right to a family pension was eventually restored in Croatia, with retroactive payments dating back to January 1, 2019. The Court concluded that a fair balance would be disrupted if a state were forced to permanently pay a pension granted on an incorrect legal basis.