The Constitutional Court of Bosnia and Herzegovina has held today, by electronic means, 123rd 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-3099/19 - The Constitutional Court, inter alia, concluded that there has been a violation of the appellant’s right to a fair trial in terms of the adoption of decision within reasonable time under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”). The violation has been found as the relevant enforcement proceedings are pending for 12 years now which falls a priori outside of the scope of reasonable time and requires a global evaluation.
AP-1613/19 – The Constitutional Court concluded that there has been 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 in the enforcement proceedings. The violation has been found as the Municipal Court in Jajce, in the specific circumstances of the particular case, ordered the execution of the Ruling on Enforcement although it failed to decide on the appellant’s objection against the said Ruling. Thus, in terms of Article 13 of the Law on Enforcement Procedure (“the LEP”), the Ruling could not become enforceable and final, and thus the requirements set forth in Article 41(2) of the LEP for its execution have not been met, rendering such interference with the appellant’s right to peaceful enjoyment of property as not being “lawful”.
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.
