The Constitutional Court of Bosnia and Herzegovina held today its 107th plenary session.
The Constitutional Court decided on a number of requests for the review of constitutionality and appeals on purported violations of human rights and fundamental freedoms.
For the purpose of illustration, we single out the following:
Deciding on the case no. U 7/17, the Constitutional Court of Bosnia and Herzegovina granted the request lodged by the County Court in Banja Luka (Judge Milan Blagojević).
The Constitutional Court established that Article 109(6) of the Law on Enforcement Procedure of the Republika Srpska was not in conformity 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. According to the conclusion of the Constitutional Court, Article 109(6) of the Law on Enforcement Procedure of the Republika Srpska is contrary to the guarantees of the 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, since it prescribes that three days after the posting of the ruling on settlement on the bulletin board, it shall be deemed that the ruling has been delivered to all the persons who are entitled to the settlement of claims out of the sales price, without carrying the elements making the time for posting on a bulletin board certain in order to secure procedural guarantees to the interested persons for lodging a legal remedy prescribed by law.
Consequently, the Constitutional Court, pursuant to Article 61(4) of the Rules of the Constitutional Court of Bosnia and Herzegovina, ordered the National Assembly of the Republika Srpska to harmonize, no later than six months from the date of publishing the Decision in the Official Gazette of Bosnia and Herzegovina, Article 109(6) of the Law on Enforcement Procedure of the 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 and, pursuant to Article 72(5) of the Rules of the Constitutional Court of Bosnia and Herzegovina, to inform the Constitutional Court of Bosnia and Herzegovina, within the aforementioned time-limit, of the measures taken to enforce the Decision.
Deciding on the case no. U 8/17, the Constitutional Court of Bosnia and Herzegovina granted the request lodged by Mr. Safet Softić, Deputy Chair of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina.
The Constitutional Court of Bosnia and Herzegovina established that Article 1(1)(7) of the Rulebook Amending the Rulebook on Wearing Uniforms in the part reading “when wearing uniform, a police officer’s beard must be shaven”, which had been adopted by the Managing Director of the Border Police of Bosnia and Herzegovina, was incompatible with Article II(3)(f) and (g) of the Constitution of Bosnia and Herzegovina and Articles 8 and 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court, pursuant to Article 61(2) of the Rules of the Constitutional Court of Bosnia and Herzegovina, repealed Article 1(1)(7) of the Rulebook Amending the Rulebook on Wearing Uniforms in the part reading “when wearing uniform, a police officer’s beard must be shaven”, which had been adopted by the Managing Director of the Border Police of Bosnia and Herzegovina, no. 17-07-02-1161-7/06 of 30 January 2017, as the Constitutional Court concluded that an absolute prohibition on the BiH Border Police’ police officials to wear a beard while wearing the police uniform was in violation of the right to respect for private life and the right to freedom of religion safeguarded by Article II(3)(f) and (g) of the Constitution of BiH and Articles 8 and 9 of the European Convention, as the impugned measure did not purse the general objectives set forth in Article 8(2) and Article 9(2) of the European Convention.
The repealed Article 1(1)(7) of the Rulebook shall become ineffective the first day following the date of publication of the Decision in the Official Gazette of Bosnia and Herzegovina.
Deciding on the case no. U 9/17, the Constitutional Court of Bosnia and Herzegovina rejected, as inadmissible, the request filed by the Cantonal Court in Livno for review of the constitutionality of Article 16 of the Decision on Utility Tax and Utility Tax Tariff, as the Constitutional Court of Bosnia and Herzegovina was not competent to take a decision.
The Constitutional Court of Bosnia and Herzegovina, exercising its appellate jurisdiction, decided, inter alia:
In case no. AP 249/15, the Constitutional Court dismissed as ill-founded the appeal lodged by the Medžlis Islamske zajednice Mostar against the Judgment of the Supreme Court of 23 October 2014, and the judgment of the Higher Commercial Court in Banja Luka of 23 February 2012 and judgment of the County Commercial Court in Trebinje of 30 June 2011;
In case no. AP 868/15, the Constitutional Court dismissed as ill-founded the appeal lodged by “Rudnap Group – Minel kotlogradnja” a.d. Beograd against the judgment of the Supreme Court of the Republika Srpska of 13 November 2014;
In case no. AP 5231/14, the Constitutional Court granted the appeal filed by Mr. Atko Huseinbašić and established a violation of 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.
Accordingly, the Constitutional Court quashed the decision of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, no. 04-02-282-14/2014 of 24 September 2014, and referred the case back to the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, which is obligated to employ an expedited procedure and to take a new decision in line 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.
All decisions on the requests and appeals that are adopted at the session will be communicated to the appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.
