Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 113th 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 6130/18 - wherein the Constitutional Court concluded, inter alia, that there had been a violation of the right to a fair trial concerning the adoption of a decision within a reasonable time under 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 (“the European Convention”) bearing in mind that the respective proceedings lasted for around 9 years and four months. The length of the proceedings was contributed to substantially by the first instance court, which took around eight years and seven months to conduct the proceedings and render a judgment.
AP 5115/18 - wherein the Constitutional Court concluded, inter alia, that there had been a violation of the right to “a trial within a reasonable time” as one of the elements 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, because it follows from the available documents that the respective proceedings lasted for almost 20 years, which is per se an unacceptably long period of time. The first instance administration authority, which carries the greatest burden of responsibility, failed to provide in its reply to the appeal any justification whatsoever as to the length of the proceedings carried out before the said authority, whereby the appellant took active part in the proceedings, requesting interventions from the competent inspection administration in the case at hand, so that the overall length of the proceedings may in no part be blamed on the appellant.
AP 5106/18 - wherein the Constitutional Court concluded that there had been a violation of the 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, in a situation where the Supreme Court of the Federation of BiH rendered the challenged judgment without complying with the legal position of the Constitutional Court enunciated in the Decision no. AP 443/16 dated 11 May 2018.
AP 120/19 - wherein the Constitutional Court concluded that the ordinary courts, by rendering the challenged judgments, violated the appellant’s right to a fair trial under Article II(3)(e) of the Constitution of Bosnia by applying the Decision determining the highest amount of salaries compensation without examining the substantive and legal conformity thereof with the Law on Health Insurance of the Federation of BiH, despite the appellant’s objections to that end.
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.
