Today, the Constitutional Court of Bosnia and Herzegovina held its 112th session of the Grand Chamber of the Constitutional Court by electronic means.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 2702/18 - wherein the Constitutional Court concluded that there had been a violation of the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention) for unlawful interference with the appellant's property in a situation where the refund of unlawfully collected tax partially related to VAT, and the sufficient reasons to the question whether the circumstances in the case could justify the application of Article 234 of the Law on Customs Policy of BiH were not given.
AP 6791/18 - wherein 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 and Article 6(1) of the European Convention as the length of the contentious procedure (of an urgent nature) was 16 years and 4 months, and the referral of the case for new proceedings on several occasions caused such a lengthy proceedings.
AP 284/19 – wherein the Constitutional Court concluded that there had been a violation of the right to an effective legal remedy under Article 13 of the European Convention in conjunction with the right of access to court under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention as the court rejected a request for extraordinary review by applying analogically the Law on Contentious Procedure of the Federation of BiH restricting the capacity of the party to the proceedings to file a revision-appeal. Such a restriction is not provided in the Law on Enforcement Procedure of the Federation of BiH, which provides for a provision as to who and how is allowed to file a request for extraordinary review. The Court therefore concluded that Article 55 of Law on Administrative Disputes had been applied arbitrarily.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
