Constitutional Court of Bosnia and Herzegovina held today its 104th plenary session. Constitutional Court of Bosnia and Herzegovina decided on a number of requests for review of constitutionality of the laws.
For the illustration purpose we note the following:
In case no. U 5/16, the Constitutional Court of Bosnia and Herzegovina partially granted the request of Ms. Borjana Krišto, Second Deputy Chair of the House of Representatives at the time of filing the request, for the review of constitutionality of certain provisions of the Law on Criminal Procedure Code of Bosnia and Herzegovina.
The Constitutional Court established that:
· the provisions of Article 84 (2), (3) and (4) of the Criminal Procedure Code of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) of the Constitution of Bosnia and Herzegovina,
· the provisions of Article 117 (d) of the Criminal Procedure Code of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) in connection with Article II(3) (f) of the Constitution of Bosnia and Herzegovina,
· the provisions of Article 118 (3) of the Criminal Procedure Code of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) in connection with Article II(3) (f) of the Constitution of Bosnia and Herzegovina,
· the provisions of Article 225 (2) of the Criminal Procedure Code of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) in connection with Article II(3) (f) of the Constitution of Bosnia and Herzegovina,
· the provisions of Article 226 (1) of the Criminal Procedure Code of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) of the Constitution of Bosnia and Herzegovina.
Accordingly, the Constitutional Court of BiH ordered the Parliamentary Assembly of Bosnia and Herzegovina, in accordance with Article 61(4) of the Rules of the Constitutional Court of Bosnia and Herzegovina, to harmonize these provisions with the appropriate provisions of the Constitution of Bosnia and Herzegovina not later than six months from the date of communicating this decision.
In regards to the same request, the Constitutional Court of Bosnia and Herzegovina established that:
· the provisions of 84 (5) of the Criminal Procedure Code of Bosnia and are in conformity with the provisions of Articles I(2) and II(3) (e) of the Constitution of Bosnia and Herzegovina.
· the provisions of Article 119 (1) of the Criminal Procedure Code of Bosnia and Herzegovina are in conformity with the provisions of Article I(2) and II(3) (f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
· the provisions of Article 216 (2) of the Criminal Procedure Code of Bosnia and Herzegovina are in conformity with the provisions of II(3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court of Bosnia and Herzegovina has, deciding in the case no. U 21/16 upon the request of Ms. Borjana Krišto, Second Deputy Chair of the House of Representatives at the time of filing the request, established that the provisions of Article 78 paragraphs 3, 4 and 5 of the Law on the Intelligence-Security Agency of Bosnia and Herzegovina are not in conformity with the provisions of Article I(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Accordingly, the Constitutional Court of Bosnia and Herzegovina ordered the Parliamentary Assembly of Bosnia and Herzegovina, in accordance with Article 61(4) of the Rules of the Constitutional Court, to harmonize these provisions with the provisions of Article I(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms not later than six months from the date of communication of this decision.
The Constitutional Court of Bosnia and Herzegovina, while deciding in the case no. U 2/17, examined the request lodged by the County Court in Banja Luka (Judge Milan Blagojević) for review of constitutionality of Article 93(4) of the Law on Enforcement Procedure of Republika Srpska and established that Article 93(4) of the Law on Enforcement Procedure of Republika Srpska is not compatible with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court of Bosnia and Herzegovina ordered the National Assembly of the Republika Srpska, in accordance with Article 61(4) of the Rules of the Constitutional Court of Bosnia and Herzegovina, to harmonize Article 93(4) of the Law on Enforcement Procedure of Republika Srpska with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms within a time limit not exceeding six months from the date of publication of this Decision in the Official Gazette of Bosnia and Herzegovina.
All decisions on the requests for review of constitutionality and appeals taken at the session are to be delivered to the appellants within one month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
