The 124th plenary session of the Constitutional Court of Bosnia and Herzegovina has commenced today. The session will resume tomorrow.
At the session, newly appointed judge of the Constitutional Court of Bosnia and Herzegovina, Mr. Ledi Bianku, signed the solemn declaration, as provided for by Article 82 of the Rules of the Constitutional Court of Bosnia and Herzegovina, before taking up office.
The Constitutional Court considered and decided the following cases:
U 15/20 – The Constitutional Court discussed the request filed by the Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, at the time of filing the request, Ms. Borjana Krišto for review of constitutionality of Article 9(1), Article 10(4) and Article 11(1)(b) of the Law on the Court of Bosnia and Herzegovina. A decision in this case will be rendered at one of the future sessions.
U 16/20 – In this case, the Constitutional Court rendered a ruling, wherein it established that the Concession Commission of Bosnia and Herzegovina had failed to enforce the Partial Decision of the Constitutional Court of Bosnia and Herzegovina no. U 16/20 of 16 July 2021. At the request of the Commission, the Constitutional Court of Bosnia and Herzegovina, in this ruling, extended the deadline for the enforcement of the Partial Decision of the Constitutional Court of Bosnia and Herzegovina, no. U 16/20, by giving the Commission another 6 months from the date of delivery of this ruling. Next, in the same ruling, the Court of Bosnia and Herzegovina is ordered to take measures aimed at urgent resolution of the dispute pending registered under no. SI 3 U 041293 21 Fp against the Ruling on Appointment of the Joint Commission for resolution of disputes between Bosnia and Herzegovina and the Republika Srpska regarding the award of concessions for construction of the hydropower plants on the Drina River of 31 August 2021. As to the interim measure, the Constitutional Court will take a decision tomorrow.
U 9/21 - Deciding on the request of Mr. Bakir Izetbegović, Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, for review the constitutionality of Article 12, paragraph (2) and paragraph (4) of the Rules of Service of the Armed Force of Bosnia and Herzegovina, the Constitutional Court found that the Rules are not in accordance with the relevant provisions of the Constitution of Bosnia and Herzegovina and the European Convention. Following its case law in the case U-8/17, the Constitutional Court concluded that the absolute ban on soldiers of the Armed Forces of BiH to wear a beard when on duty in uniform is in violation of the right to respect for private life and the right to freedom of religion safeguarded by the Constitution of BiH and the European Convention.
U 10/21 - Deciding on the request of the Cantonal Court in Zenica to review the compatibility of Article 55 of the Law on Higher Education of Zenica-Doboj Canton with the Constitution of BiH, the Constitutional Court found that the disputed provision of the cited law is not in accordance with the Constitution of Bosnia and Herzegovina and Article 18 of the Framework Law on Higher Education in BiH. In the opinion of the Constitutional Court of BiH, the disputed provision of the cited law, contrary to Article 18 of the Framework Law, amounts to interference with the institutional autonomy of universities by requiring a consent from public authorities for appointments to leading positions in higher education institutions.
U 11/21 – Deciding on the request of Mr. Aljoša Čampara, Minister of the Ministry of Interior of the Federation of Bosnia and Herzegovina, who sought that the Constitutional Court of BiH initiate a procedure to determine the temporary incapacity of Milorad Dodik, member of the Presidency of Bosnia and Herzegovina regarding the function he performs in accordance with Article 8.8 of the Election Law of Bosnia and Herzegovina, the Constitutional Court rejected the said request due to the lack of jurisdiction of the Constitutional Court of BiH to decide.
Following the completion of the plenary session tomorrow, the Constitutional Court of BiH will post a press release on its website.
All decisions adopted at today's plenary session are delivered to the applicants/appellants within one month and posted at earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
