The Constitutional Court of Bosnia and Herzegovina has held 100th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina today.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 5055/18 - The Constitutional Court found a violation of the appellant's right to an effective legal remedy under Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in conjunction with the right of access to a court under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention (“European Convention”). The violation occurred as the court rejected a request for extraordinary review by analogous application of the Civil Procedure Code of the Federation of BiH, which limits the litigation capacity of a party to file request for review since such a limitation is not prescribed by the Law on Administrative Disputes of the Federation of Bosnia and Herzegovina. The referenced law contains provisions on who and manner of filing a request for an extraordinary review. Therefore, the application of Article 55 of the Law on Administrative Dispute is arbitrary.
AP 750/18 - The Constitutional Court found a violation of the appellant's right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention. The violation occurred as the ordinary court has placed on the appellant the burden of unlawful use of the apartment. However, in order for the cited Article 30 of the Law on Housing Relations to be applied, a requirement that there was an illegal move into a socially owned apartment had to be met. Also, the reasoning of the challenged judgment that for acquiring of rights and obligations under Article 30 of the Law on Housing Relations, the capacity to act was necessary, does not arise from the cited provision. In addition, the ordinary court did not bring such a reasoning in connection with other relevant provisions of the Law on Housing Relations, which would have substantiated it. Further, Article 12 of the Law on Housing Relations was applied without a regard for the relevant circumstances of the particular case. Those circumstances were such that the disputed apartment and the apartment of the appellant's father form a single unit and that the appellant's father acquired the status of the occupancy right holder over the 28 m2 apartment on 15 November 2000, i.e. when he concluded the contract of use, since the said provision refers to the occupancy right holder.
All decisions adopted at the session today will be delivered to the appellants within one month and will be published as soon as possible on the official website of the Constitutional Court of Bosnia and Herzegovina.
