The Constitutional Court of Bosnia and Herzegovina held its 125th plenary session on 24 March 2022.
Pursuant to Article 86 of the Rules of the Constitutional Court of Bosnia and Herzegovina, at that plenary session, the Constitutional Court of BiH has appointed Judge Helen Keller as Vice-President of the Constitutional Court.
Of decisions it adopted today, for illustration, the Constitutional Court has singled out the following:
U 12/21 – In deciding the request filed by the Municipal Court in Srebrenik for the review of constitutionality of Article 105 of the Law on Misdemeanours, the Constitutional Court established that Article 105 of the Law on Misdemeanours was compatible with the relevant provisions of the Constitution of Bosnia and Herzegovina and European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court concluded, inter alia, that the contested satisfied the standards of the right to liberty of person, for the reason that it was sufficiently clear and precise from the procedural aspect, and, when considered as a whole, it satisfied all the necessary guarantees, which ensured that deprivation of liberty was not arbitrary. In addition, the challenged provision satisfied the standard of proportionality, as its purpose was not a punishment but a coercion to secure the payment of a fine. Also, the circumstance that, even after the deprivation of liberty (for up to 15 days), it remained recorded in the Register of Fines, was justified from the aspect of the duration thereof, as it was deleted in any case upon the expiry of the period of five years from the day the decision of a court / misdemeanour warrant had become legally binding.
U 18/21 – In deciding the request of the Basic Court in Zvornik for review of the constitutionality of the Law on Salaries and Other Compensations of Judges and Prosecutors in the Republika Srpska, the Constitutional Court established that the Law on Salaries and Other Compensations of Judges and Prosecutors in the Republika Srpska was incompatible with the relevant provisions of the Constitution of Bosnia and Herzegovina, European Convention for the Protection of Human Rights and Fundamental Freedoms and International Covenant on Civil and Political Rights.
All decisions adopted at today’s plenary session will be delivered to the applicants/appellants within one month and published at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
