Menu HOME ABOUT NEWS BASIC TEXTS DECISIONS LIBRARY FILING APPEALS LINKS CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA  Reisa Dž.Čauševića 6  71000 Sarajevo  Bosnia and Herzegovina tel: (033) 251-226 fax: (033) 561-134 e-mail: info@ccbh.ba Reception hours:  - from 10:00 to 12:00

Sessions    Events    Vacancies     12 January 2010 - The Constitutional Court of BiH held its 91st session of the Grand Chamber today. At today''''s session, the Constitutional Court of BiH resolved 7 requests for interim measure and 294 individual appeals. Out of those, the Constitutional Court resolved 7 appeals on the merits of the case, 61 appeals were rejected on the grounds of manifest inadmissibility, while 226 appeals were rejected on other grounds of inadmissibility (expired time limit for filing, failure to exhaust legal remedies, lack of jurisdiction of the Constitutional Court of BiH etc.). In several cases, the Constitutional Court of BiH found a violation of the right to a fair trial on grounds of unreasonable length of proceedings pending before the courts and administrative authorities. The Constitutional Court of BiH emphasized again that this legal issue was constantly present in practice and that courts and administrative authorities fail to consider sufficiently the standards of reasonable length in decision-making that arise under Article II(3)(e) of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, for example, on the today''''s session alone the Constitutional Court of BiH discussed the violation of the right to fair trial on the grounds of unreasonable length of proceedings in 3 out of 7 decisions on the merits. Inter alia, the Constitutional Court of BiH granted the appeal of Mr. Muharem Avdic in case No. AP 2843/07, finding a violation of the right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina, and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court of BiH established that Articles 148(2) and 151 of the Law on Pension and Disability Insurance (Official Gazette of RS, Nos. 32/00, 40/00, 37/01, 32/02, 40/02, 47/02, 110/03, 67/05, 106/05, 20/07, 33/08, and 1/09), in the circumstances of the appellant''''s case, do not comply with the constitutional standards as set in the aforementioned right to property. These provisions, as interpreted by the competent bodies and courts, prescribe that a beneficiary of such insurance may not receive due benefits on the basis of the pension insurance if that person does not report, within 8 days, any and all of the facts that affect the enjoyment or scope of that right, such as change of address. Constitutional Court is scheduled to hold the following Grand Chamber session on 11 February 2010 Back to sessions

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