The Constitutional Court of Bosnia and Herzegovina held today its regular 116th plenary session of the Constitutional Court of Bosnia and Herzegovina at which it examined requests for the review of constitutionality and appeals.
Out of the decisions adopted today, the Constitutional Court singles out the following:
In case no. U-5/19, the Constitutional Court established, while deciding on the request of the 15 members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for a review of the constitutionality of the provision of Article 9(7) of the Law on Road Transport (Official Gazette of the Republika Srpska, 47/17), that the challenged provision is compatible with Article III(1)(h) and (i) of the Constitution of Bosnia and Herzegovina. In the opinion of the Constitutional Court, the challenged provision implies that the licences issued in accordance with the Law on International and Inter-Entity Road Transport by the Ministry of Transport and Communications of Bosnia and Herzegovina, replace the licences issued in accordance with the Law on Road Transport of Republika Srpska by the Ministry of Transport and Communications of the Republika Srpska.
In case U-6/19, the Constitutional Court established, while deciding on the request of the Cantonal Court in Sarajevo for a review of the compatibility of the provisions of Article 2 (2) and (3) and Article 4 of the Law on the Amount of Default Interest Applicable to Unsettled Debts (Official Gazette of the F BiH, 56/04, 68/04, 29/05 and 48/11), that the provision of Article 2(2) and (3) is not compatible with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention). The Constitutional Court has rendered the provision of Article 2(2) and (3) of the Law on the Amount of Default Interest Applicable to Unsettled ineffective, because it is not in conformity with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention. It was decided that the challenged provision shall be rendered ineffective on the day following the day of the publication of the decision of the Constitutional Court in the Official Gazette of Bosnia and Herzegovina. Further, the Constitutional Court established that Article 4 of the Law on the Amount of Default Interest Applicable to Unsettled Debts is compatible with 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.
In case no. U-7/19, the Constitutional Court established, while deciding on the request of the Bosniac People Caucus in the Council of Peoples of the Republika Srpska for review of the constitutionality of Article 11(2) of the Constitution of Republika Srpska (Official Gazette of Republika Srpska, 21/92, 28/94, 8/96, 13/96, 15/96, 16/96, 21/96, 21/02, 26/02, 30/02, 31/02, 69/02, 31/03, 98/03, 115/05, 117/05 and 48/11), established that the challenged provision is not in conformity with Article II(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 of Protocol No. 13 to the European relating to quashing the death penalty under all circumstances (Official Gazette of Bosnia and Herzegovina - International Treaties, 8/03). The Constitutional Court quashed the challenged provision and established that the challenged provision shall be rendered ineffective the day following the date of the publication of the decision of the Constitutional Court in the Official Gazette of Bosnia and Herzegovina. The Constitutional Court found that with the entry into force of Protocol No. 13 to the European Convention, the death penalty was abolished in all circumstances and that this Protocol represents a legally binding act for all levels of government in Bosnia and Herzegovina, including its entities.
All decisions taken at the 116th plenary 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.
