The Constitutional Court of Bosnia and Herzegovina has held today, by electronic means, 108th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 2004/18 - The Constitutional Court concluded that there had been a violation of the appellant’s right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina wherein the ordinary court interpreted arbitrarily the relevant provisions of the law and rulebook and when it concluded that the appellant failed to meet the legal requirements for the entry of the change of the right in the updated cadastral books. Further, the appellant’s right to the equality of arms before the court has been violated since she was not treated equally as the intervening party to the proceedings given that she, as the opposing party, was not informed about his participation and a response to the lawsuit he submitted.
AP 3306/18 - The Constitutional Court, inter alia, concluded that there was no violation of the appellants’ right to property safeguarded by Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention given that the appellants could not have had a “reasonable expectation” that, in a situation wherein there was a request by Brčko District Supervisor that certain companies be declared strategic and that the participation in the capital thereof on the basis of vouchers and certificates cannot be higher than 33%, their claim will be granted, especially given that the Privatisation Directorate of the Republika Srpska (or its legal successor) have not requested the recurrence of the certain value of vouchers.
AP 3994/18 - The Constitutional Court concluded that, inter alia, there had been 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 paragraph 1 of the European Convention wherein the criminal proceedings against the appellant, which was complex, lasted for nine years, two months and seven days. First instance court contributed to this length of proceedings to a significant extent as it needed a period of two years to prepare and deliver a first instance judgement to the appellant.
All decisions adopted at today’s session will be delivered to the appellants within one month and published at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
