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| 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 |
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| Sessions | | | 30 January 2010 - Today, the Constitutional Court of Bosnia and Herzegovina has held its 59th regular plenary session.
In case No. U 13/09, the Constitutional Court has, inter alia, dismissed the request of Mr. Sulejman Tihic, the Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for review of the constitutionality of Article 9.1 paragraphs 2 and 3, Article 10.1 paragraph 3 and Article 11.1 paragraph 2 of the Election Law of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina” Nos. 23/01, 7/02, 9/02, 20/02, 25/02, 4/04, 20/04, 25/05, 52/05, 65/05, 77/05, 11/06, 24/06, 32/07, 33/08 and 37/08). The Constitutional Court of Bosnia and Herzegovina concluded that the challenged provisions are consistent with lines 3, 8 and 9 of the Preamble of the Constitution of Bosnia and Herzegovina and Article I(2) of the Constitution of Bosnia and Herzegovina. In view of this decision, the Constitutional Court of Bosnia and Herzegovina concluded that in this same case there is no need to deliberate on the request for review of the constitutionality of Article 79 of the Rules of Procedure of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, Nos. 33/06, 41/06, 81/06, 91/06 and 91/07).
As regards case No. U 14/09, the Constitutional Court of Bosnia and Herzegovina dismissed as ill-founded the request of Mr. Zeljko Komsic, the Chairman of the Presidency of Bosnia and Herzegovina at the time the request was filed, who sought review of the constitutionality of Article 16 paragraph 1 of the Law on Conflict of Interest in the Governmental Institutions of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of Bosnia and Herzegovina” No. 70/08), and declared them consistent with Article II(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article 3 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article IX(1) of the Constitution of Bosnia and Herzegovina.
As regards the appellate jurisdiction, the Constitutional Court of Bosnia and Herzegovina dismissed as ill-founded the appeal of Mr. Nedjo Samardzic, which was filed against the verdict of the Court of Bosnia and Herzegovina No. X-KRZ 05/49 of 13 December 2006 and the verdict of the Court of Bosnia and Herzegovina No. X-KR-05/49 of 7 April 2006.
Within the administrative issues, during today''''''''s session the Constitutional Court of Bosnia and Herzegovina adopted the Work Report for 2009, which will soon be available at the webpage of the Constitutional Court of Bosnia and Herzegovina. The public shall be informed about it in due time. Bearing in mind the concrete work results of the Court on the one hand and the problems the Court is facing on the other, the Constitutional Court draws the attention of the public to the following:
Pursuant to Article I(2) of the BiH Constitution, Bosnia and Herzegovina shall be a democratic state, which shall operate under the rule of law. Pursuant to Article VI(3), the first sentence reads that the Constitutional Court shall uphold this Constitution. According to Article VI(2)(b) of the Constitution of Bosnia and Herzegovina, the Constitutional Court shall adopt its own rules of court whereby the organization, the procedure before the Constitutional Court and other issues important for the work of the Court will be regulated. Pursuant to Article 2, the Constitutional Court, when compared with other governmental institutions in Bosnia and Herzegovina, is an autonomous and independent state institution.
Being aware of the role assigned to it, circumstances under which it operates and its constitutional autonomy, the Constitutional Court of Bosnia and Herzegovina has made every effort to establish its internal system and organization, manner of activities and procedures capable of fully meeting the highest European standards of a constitutional judiciary since it was established in 1996. Today, 14 years after the establishment of the Court, the Constitutional Court of Bosnia and Herzegovina has a system which operates autonomously, which is not subject to internal or external influences, a system which does not allow the Constitutional Court of Bosnia and Herzegovina to become a political arena or means of manipulation whatsoever. Moreover, the Constitutional Court of Bosnia and Herzegovina did all it could in order for the activities of the Court to be transparent, accessible to the public and democratic to the maximum extent possible. Moreover, the Constitutional Court of Bosnia and Herzegovina has provided the possibility of writing separate opinions, which is one of the highest democratic standards of a constitutional judiciary.
Furthermore, the Constitutional Court of Bosnia and Herzegovina outlines that according to Article 7 of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court shall make decisions in plenary sessions, the sessions of the Grand Chamber composed of five judges and the sessions of the Chamber composed of three judges. According to Article 8 of the Rules of the Constitutional Court of Bosnia and Herzegovina, the plenary Court shall make decisions by the majority of votes of all members of the Constitutional Court on cases arising out of its competence under Articles VI.3 (a), VI.3 (c) and IV.3 (f) of the Constitution and cases arising out of its competence under Article VI.3 (b) which are included in the agenda of the session of the Constitutional Court, as well as decisions about other issues set forth in the Constitution and those Rules. According to Article 9, paragraph 1 of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Grand Chamber shall make decisions on cases arising out of the competence of the Constitutional Court under Article VI.3 (b) of the Constitution which are not included in the agenda of the session of the plenary Court. The Grand Chamber shall take a unanimous decision in that regard. If a unanimous decision is not made, the case shall be referred to the plenary Court and the draft decision amended pursuant to the proposal that received support from the majority of the members of the Chamber. According to Article 10, paragraph 2 of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Chamber shall make unanimous decisions on the requests for interim measures.
The Constitutional Court outlines that all chambers of the Constitutional Court are composed of judges coming from all constituent peoples. In addition to this, the plenary session includes three international judges who are distinguished European jurists. The necessity of adopting decisions unanimously at the sessions of the Chamber and Grand Chamber points to the fact that outvoting is impossible, that absolute consensus is necessary to adopt decisions, which is possible only if the highest legal standards are respected. The fact that out of the 3,304 decisions which the Grand Chamber adopted in 2009, 3,284 were adopted unanimously (99.4%) and only 20 decisions were forwarded to the Court sitting in plenary, shows that the aforementioned is correct.
In the period from 1 January 2009 to 31 December 2009 the Constitutional Court received 4,209 cases. Out of that number 18 cases were requests for review of constitutionality and 4,191 cases falling under the scope of the appellate competence of the Constitutional Court. Out of the aforementioned number, 3,294 cases were decided by 31 December 2009 (14 U cases and 3,280 AP cases). In the reporting period, the Constitutional Court held 51 sessions, 6 of which were plenary sessions, 7 of which were sessions of the Chamber (considered as plenary sessions) composed 5/6 national judges, 17 of which were sessions of the Grand Chamber and 21 of which were sessions of the Chamber.
The Constitutional Court also decided to close down the office of the Constitutional Court of Bosnia and Herzegovina in Banja Luka as of 1 April 2009 due to financial reasons as well as the fact that the reasons referred on in Article 92 paragraph 2 of the Constitutional Court of Bosnia and Herzegovina no longer exist.
The next plenary session shall be held on 25, 26 and 27 March 2010.
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