The Constitutional Court of Bosnia and Herzegovina held its 114th ordinary session of the Grand Chamber today.
From among the decisions adopted today, the Constitutional Court singles out the following:
AP 2892/18 – wherein the Constitutional Court has concluded that there is a violation 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 for the Protection of Human Rights and Fundamental Freedoms (the European Convention) in a situation where, in the relevant proceedings, the administrative authorities and ordinary courts dealt with the request for repossession of the apartment upon the request of a family household member of the pre-war occupant of the apartment, ignoring the fact that the appellant concluded a purchase and sale agreement in July 2000 by which he purchased the apartment in question as the owner.
AP 3559/18 - wherein the Constitutional Court has concluded that there is a violation 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 and 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 impugned decisions of the Supreme Court of the Republika Srpska and the District Court in Banja Luka, which were passed after the Constitutional Court’s Decision No. AP 2763/09, again disclose a serious violation of the right to legal certainty for non-compliance with the Constitutional Court’s Decision No. AP 2763/09 and the relevant circumstances of the case at hand indicate that the proceedings in question, taken as a whole, were not fair because they were conducted to the detriment of the appellants.
AP 4993/18 - wherein the Constitutional Court has concluded, inter alia, that there is 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, as the ordinary courts, in the decision-making process, completely disregarded the case law of the European Court of Human Rights and the Constitutional Court of BiH, according to which individuals, being in the same situation as the appellant, are entitled to compensation for apartments where they were occupancy right holders. They also disregarded the constitutional obligation of direct application of the European Convention and binding decisions of the European Court of Human Rights and Constitutional Court when deciding on the appellant’s claim and, therefore, such interference with the appellant’s right to peaceful enjoyment of his possessions cannot be regarded as “lawful”.
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 as soon as possible.
