The Constitutional Court of Bosnia and Herzegovina held today its 105th plenary session.
The Constitutional Court of Bosnia and Herzegovina decided on a number of requests for review of constitutionality of the laws and appeals on the alleged violation of the human rights and fundamental freedoms.
For the illustration purposes, we note the following:
In case no. U 6/16, the Constitutional Court of Bosnia and Herzegovina granted the request lodged by Mrs. Borjana Kristo, the Second Deputy Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, at the time of filing the request, for review of the constitutionality of Article 114(3) of the Law on Police Officials of Bosnia and Herzegovina. It was established that the provision of Article 114 paragraph 3 of the Law on Police Officials is not in accordance with I(2) of the Constitution of Bosnia and Herzegovina, for being imprecise and vague and, as such, it allows arbitrary interpretation and application and it is therefore in contravention of the rule of law principle.
Thus, the Parliamentary Assembly of Bosnia and Herzegovina was ordered to harmonise Article 114(3) of the Law on Police Officials of Bosnia and Herzegovina with Article I(2) of the Constitution of Bosnia and Herzegovina, not later than six months after publication of this Decision in the Official Gazette of Bosnia and Herzegovina and to inform the Constitutional Court of Bosnia and Herzegovina, within the time limit given in the preceding paragraph, about the measures taken to enforce this Decision.
Deciding in case no. U 18/16, the Constitutional Court of Bosnia and Herzegovina dismissed as ill-founded the request filed by 30 delegates of the National Assembly of the Republika Srpska for review of the constitutionality of the Law Declaring March 1 as Independence Day of the Republic of Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina established that the Law is consistent with part of the Preamble reading: Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina hereby determine the Constitution of Bosnia and Herzegovina, Articles I(2) and II(4) of the Constitution of Bosnia and Herzegovina, Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and in conjunction with Article 1.1 and Article 2(a), (b), (c), (d), (e) of the International Convention on the Elimination of All Forms of Racial Discrimination.
Further, deciding in case no. U 22/16, the Constitutional Court of Bosnia and Herzegovina dismissed as ill-founded the request filed by 30 delegates of the National Assembly of the Republika Srpska for review of the constitutionality of Articles 1, 2 and 3 of the Law Declaring November 25 as Statehood Day of the Republic of Bosnia and Herzegovina. It is hereby established that Articles 1, 2 and 3 of the Law Declaring November 25 as Statehood Day of the Republic of Bosnia and Herzegovina are not inconsistent with Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1.1 and Article 2(a), (b), (c), (d), (e) of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Deciding in case no. U 3/17, the Constitutional Curt of Bosnia and Herzegovina examined the request of Mr. Bariša Čolak, the Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for review of the regularity of the procedure, i.e. request for determination of existence or lack of the constitutional grounds for declaring the Proposal for the Law to Amend the Election Law of Bosnia and Herzegovina no. 02-02-1-1133/17 of 28 April detrimental to the vital interest of the Bosniac people.
It is hereby established that the Statement of the Bosniac Caucus in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina on destructive consequences upon the vital national interest of the Bosniac people in Bosnia and Herzegovina in the Proposal for the Law to Amend the Election Law of Bosnia and Herzegovina no. 02-02-1-1133/17 of 28 April 2017 has met the requirements as to the procedural regularity under Article IV(3)(f) of the Constitution of Bosnia and Herzegovina.
The Constitutional Court of Bosnia and Herzegovina has established that the vital national interest of the Bosniac people in Bosnia and Herzegovina is not violated by the Proposal for the Law to Amend the Election Law of Bosnia and Herzegovina no. 02-02-1-1133/17 of 28 April 2017 and that the procedure of passing the Law to Amend the Election Law of Bosnia and Herzegovina no. 02-02-1-1133/17 of 28 April 2017 shall be carried out to comply with the terms of the procedure under Article IV(3)(d) of the Constitution of Bosnia and Herzegovina.
Having examined the enforcement of the decision in case no. U 23/14 of 1 December 2016, the Constitutional Court of Bosnia and Herzegovina established that the Parliamentary Assembly of BiH has failed to enforce the decision of the Constitutional Court of Bosnia and Hercegovina no. U 23/14 of 1 December 2016 within a given time limit.
Thus, the provision of Sub-chapter B, Article 10.12 (2), in the part stating that each of the constituent peoples shall be allocated one seat in every canton and the provisions of Chapter 20 – Transitional and Final Provisions of Article 20.16A (2), items a-j of the Election Law of Bosnia and Herzegovina is rendered ineffective the following day from the day of this ruling being published in the Official Gazette of Bosnia and Herzegovina.
The Constitutional Court of Bosnia and Herzegovina, by its decision U 23/14 of 1 December 2016 has partially granted the request of Dr Božo Ljubić, the Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina at the time of submission of the request, for review of constitutionality of certain provisions of the Election Law of Bosnia and Herzegovina. By this decision it was established that the provision of Sub-chapter B, Article 10.12 (2), in the part stating that each of the constituent peoples shall be allocated one seat in every canton and the provisions of Chapter 20 – Transitional and Final Provisions of Article 20.16A (2), items a-j of the Election Law of Bosnia and Herzegovina are not in conformity with Article I(2) of the Constitution of Bosnia and Herzegovina. The Parliamentary Assembly of Bosnia and Herzegovina is ordered to harmonise not later than six months from the day of delivery of this decision, the provision of Sub-chapter B, Article 10.12 (2), in the part stating that each of the constituent peoples shall be allocated one seat in every canton, and the provisions of Chapter 20 – Transitional and Final Provisions of Article 20.16A(2) items a-j of the Election Law of Bosnia and Herzegovina with Article I(2) of the Constitution 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.
