On 26 May 2021, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, its 121st plenary session at which it adopted the decision in the case U-1/21.
In the case U-1/21, the Constitutional Court of Bosnia and Herzegovina decided on the request of Mr. Željko Komšić, the Member of the Presidency of Bosnia and Herzegovina for a review of the compatibility of Article 8, paragraphs 2, 3, 4, 5 and 6, Article 8a and Article 32, paragraph 3, line d) of the Law on Permanent and Temporary Residence of Citizens of Bosnia and Herzegovina (Official Gazette of BiH, 32/01, 56/08 and 58/15) with Articles I(2), II(2), II(3)(m) and II(4) of the Constitution of Bosnia and Herzegovina in connection with the right to freedom movement and residence. The Constitutional Court established that the impugned provisions are compatible with Articles I(2), II(3)(m) and II(4) of the Constitution of Bosnia and Herzegovina in connection with the right to freedom of movement and residence. The Constitutional Court indicated that the impugned provisions clearly regulate a wide range of reasonable and objective evidence necessary for registration of residence. These are prescribed in a public interest and have a legitimate aim as well as the “additional” evidence necessary for the procedure of verification of the registered citizens with the registered residence as an obligation of the relevant authority. These provisions are equally applicable to all citizens of Bosnia and Herzegovina.
The decision will be delivered to the applicant within one month and posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
