The Constitutional Court of Bosnia and Herzegovina held today its 108th plenary session and decided on a number of requests for review of constitutionality of the laws and appeals on alleged violations of the human rights and fundamental freedoms.
For the illustration purposes we note the following:
Deciding in the case no. U 11/17, the Constitutional Court of BiH dismissed the request of the County Court in Banja Luka (Judge Blagoje Dragosavljevic) for review of the compatibility of Article 201(4) of the Labour Law 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 as it concluded that Article 201(4) of the Labour Law of the Republika is 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 as the provision itself is not unclear and the limitations imposed by that provision are not unreasonable in the context of the exercise of the very essence of the right of access to a court and do not impose an excessive burden on employees but serve the aims of legal certainty and the proper administration of justice.
Accordingly, the Constitutional Court of BiH established that Article 201(4) of the Labour Law of the Republika Srpska is 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.
Deciding in the case no. U 1/18, the Constitutional Court of BiH dismissed the request filed by County Court in Banja Luka (Judge Milan Blagojevic) for the review of conformity of Articles 183(1), 208(2) and 433(1) of the Civil Procedure Code 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 Freedom as it finds that the provisions of Article 182(1), 208(2) and 433(1) of the Criminal Procedure Code in no way raise an issue under Article II(3)(h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention, given the fact that the freedom of expression and the protection afforded by Article 10 of the European Convention cannot be associated with the specific procedural requirements contained in the Civil Procedure Code, which are prescribed with a view to satisfying certain principles, such as the efficiency of proceedings and reasonable length of proceedings.
Therefore, the Constitutional Court of BiH established that Articles 183(1), 208(2) and 433(1) of the Civil Procedure Code are 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.
Deciding in case no. U 5/18, the Constitutional Court of BiH dismissed the request filed by nineteen representatives of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for the review of the constitutionality of the Law on Amendments to the Law on Excise Duties in Bosnia and Herzegovina, the Law on Amendments to the Law on Payments into the Single Account and Distribution of Revenues and the Law on Amendments to the Law on Indirect Taxation System in Bosnia and Herzegovina as it established that the Law on Amendments to the Law on Excise Duties in Bosnia and Herzegovina, the Law on Amendments to the Law on Payments into the Single Account and Distribution of Revenues and the Law on Amendments to the Law on Indirect Taxation System in Bosnia and Herzegovina are in conformity with Articles I(2), IV and V(4) of the Constitution of Bosnia and Herzegovina.
Deciding within the appellate jurisdiction, the Constitutional Court of Bosnia and Herzegovina, inter alia, in the case no. AP 2567-16 rejected as inadmissible the appeal lodged by the Notary Chamber of the Federation of Bosnia and Herzegovina and 105 members of the Notary Chamber of Bosnia and Herzegovina against the judgment of the Constitutional Court of the Federation of Bosnia and Herzegovina, No. U-15/10 of 2 December 2015 as the Constitutional Court is not competent to take a decision.
All decisions 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.
