Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 117th 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 809/19 - The Constitutional Court concluded that there has 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 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) when the ordinary courts expressed excessive formalism in the application of Article 4 in conjunction with Article 170 paragraph 1 of the Labour Law of the Federation of Bosnia and Herzegovina while establishing that all elements of the offence the appellant was charged with have been met and thereby the essence of the appellant’s right to a fair trial have been violated. Further, the appellant’s right to a fair trial has been violated due to an arbitrary interpretation of the obligations of Bosnia and Herzegovina and its Institutions under the Private Employment Agencies Convention, 1997, (No. 181) of the International Labour Organisation.
AP 1679/17 - The Constitutional Court concluded that the dismissal of the appellant’s request, whose status is established under the Law on the Academy of Sciences and Arts of Bosnia and Herzegovina passed by the Institution of the then SR Bosnia and Herzegovina, when the competent authorised institution of power of Bosnia and Herzegovina has not reached any decision by which this issue would be resolved otherwise for the registration in the Legal Entities Register (“the Register”) on the basis of the Law on Registration of Legal Entities Established by the Institutions of Bosnia and Herzegovina (“the Law on Registration”) passed by the Parliamentary Assembly of Bosnia and Herzegovina, is contrary to the constitutional democratic principles under Article I(2) of the Constitution of Bosnia and Herzegovina and the principle of continuity of laws under Article 2 of Annex II to the Constitution of Bosnia and Herzegovina. The measures to be undertaken with the aim of implementation of this decision purport, if necessary, amendments to by-laws under Article 1 of the Law on Registration.
AP-1031/19 - The Constitutional Court concluded that there had been a violation of the appellant’s right under Article II(3)(h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention due to the fact that the ordinary court in its decision have not even tried to achieve a fair balance between the protection of the appellant’s right to freedom of expression and the protection of rights of others because it analysed the disputable sentence “Yes, my Führer” separately and outside of context, interpreting it literally as “Nazi speech” and not as a satirical expression by which the appellant expressed his position (opinion) on the party obedience.
All decisions adopted at today’s session will be delivered to the appellants within one month and published at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
