Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 121st 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 618/19 - The Constitutional Court, inter alia, concluded that there was no violation of the appellant’s rights under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) as the County Court in Banja Luka, while balancing between the right of the appellant, as a politician, to a reputation under Article 8 of the European Convention and the right of the defendant, as a media outlet, to freedom of expression under Article 10 of the European Convention, in the circumstances of the instant case, struck a reasonable balance between these competing rights.
AP 1358/19 - 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 when the ordinary courts, while deciding on the appellant’s claim and a counterclaim of the defendant, arbitrarily assessed the existence of important substantive law aspects pivotal for the adoption of decision in the particular legal matter and when they concluded that the appellant, as the successor of the occupancy right holder over the disputed apartment has the right to purchase the apartment, applied the provisions of the Law on Sale of Apartments of the Federation of Bosnia and Herzegovina no more in force at the time of lodging the request for purchase, i.e., the death of the defendant’s predecessor.
AP 4565/19 - 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 of the European Convention when the ordinary courts awarded to the plaintiff the compensation in line with Swiss prices while the circumstances of the particular case do not indicate necessity or justification of such decision, i.e., that the elimination of harmful consequences of the traffic accident in question and the establishment of state that existed before the damage occurred (restitutio in integrum), in terms of Article 185 of the Law on Obligations was not possible to achieve in Bosnia and Herzegovina in accordance with relevant principles of the Law on Obligations.
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.
