Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 122nd 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-4176/20 - The Constitutional Court, inter alia, concluded that in the particular case there has been a violation of the appellant’s right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) for the period the appellant spent in detention after the Indictment was confirmed, which amounts to longer than a year and a half.
AP-1797/19 – 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 impugned judgement of the Supreme Court of the Federation of Bosnia and Herzegovina (“the Supreme Court”) and an upheld part of the judgement of the Municipal Court in Mostar lacked the motives and reasoning for which these courts departed from the consistent case-law concerning the appellant’s lack of standing to be sued for the compensation of damages occurred during the war. Also there is no reasoning of the Supreme Court as to why the position of the City Council of 2011 was changed according to which the appellant does not have a standing to compensate the plaintiffs for a damage resulting from the war, especially bearing in mind that, at the meantime, there have been no social changes, evolution of social relations or amendments to the legislation or the Constitution of Bosnia and Herzegovina. Therefore, it has not been reasoned why even the Supreme Court itself rendered different decisions on the same issue after the 2014 modification of jurisprudence.
AP-4601/19 - The Constitutional Court, inter alia, 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(1) of the European Convention in the situation where the Municipal Court in Sarajevo - Department for Small Value Disputes Ilidža rendered the judgement by default failing firstly, pursuant to Article 336 of the Civil Procedure Code of the Federation of Bosnia and Herzegovina, to return an unspecified submission the appellant lodged with the court as the response to the action to supplement it.
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.
