Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, the 119th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
To illustrate, the Constitutional Court singles out the following decisions from the decisions adopted today:
AP-212/19 – The Constitutional Court concluded that there was 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 for the Protection of Human Rights and Fundamental Freedoms Convention (“the European Convention“) as in this case a fair balance has not been struck between the public interest in the prevention of criminal offenses and the appellant's right to his property. Although it is undisputed that the appellant does not bear any responsibility for the commission of the criminal offense in question nor has his vehicle been adjusted to be used for the commission of criminal offenses, the appellant's request for return of his vehicle is rejected on the grounds that there is an uncertain possibility for car rental companies dealing with the same business as appellant, to abuse the activity in which they are engaged and they could knowingly rent vehicles to commit crimes. In doing so, the appellant is exposed to the additional risk of referral to a new lawsuit and exposure to new costs of the proceedings, especially bearing in mind the uncertainty regarding the solvency of the perpetrator of this criminal offense, i.e. his ability to pay the appellant for the value of the seized vehicle.
AP-3667/20 - The Constitutional Court concluded that the appellants' right to education under Article II (3) (1) of the Constitution of Bosnia and Herzegovina and Article 2 of Protocol No. 1 to the European Convention had not been violated because there was nothing in the circumstances of the case based on which it could be concluded that by shortening the school hour and the maximum duration of classes, and by introducing the possibility of distance learning, the right to education of the students of “Antun Branko Šimić” Mostar Elementary School would be reduced to such an extent as to violate its essence and deprive it of its effectiveness.
All decisions adopted at today's session will be delivered to the appellants within a month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
