Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 116th 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 7474/18 - 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 for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”), for, in the present case, the ordinary courts disregarded the fact that the appellant had acquired the property – a part of the real property at issue, which included the apartments pursuant to the contract on joining funds for the purpose of construction (the Construction Contract) before the establishment of a mortgage in favor of the defendant over the debt of the appellant’s co-contractor.
AP 167/19 - wherein the Constitutional Court concluded that there had been a violation of the right to freedom of expression under Article II (3)(h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention, in a situation where ordinary courts, by obliging the appellants to pay non-pecuniary damage, failed to strike a fair balance between the rights of the appellants to freedom of expression and the plaintiff’s right to protection of reputation, i.e. in a situation where the reaction of ordinary courts, in the circumstances of the present case, was not proportionate to the legitimate aim sought to be achieved and was not necessary in a democratic society.
AP 1989/20 - 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 to freedom of movement under Article II (3)(m) of the Constitution of Bosnia and Herzegovina and Article 2 of Protocol No. 4 to the European Convention, in a situation where, due to the omission on the part of the ordinary court to examine, upon the expiry of two months, whether the applied protection measure restricting the appellant’s freedom of movement was still required, the appellant was denied a possibility to challenge the imposed measures in an adversarial procedure before the court, and, as there was no decision, to use an effective legal remedy prescribed by law.
AP 613/19 - wherein the Constitutional Court concluded, inter alia, that there had been 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 in relation to the challenged ruling, in a situation where the County Court in Banjaluka, by dealing with the review of the enforceable document, which possessed the elements referred to in Article 27 (1) of the Law on Enforcement Procedure of the Republika Srpska, violated the principle of formal legality, and the principle of protection of all parties in an enforcement procedure, and where no reasoning was provided as to why the respective actions, as specified, were not possible.
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.
