Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, the 125th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
To illustrate, the Constitutional Court singles out the following decisions from the decisions adopted today:
AP-2872/19 - The Constitutional Court concluded that there was a violation of the appellant's right to freedom of expression under Article II (3) (h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention“), in a situation where ordinary courts, in deciding, failed to take into account all relevant circumstances of the particular case that were relevant to achieving proportionality. The ordinary courts also failed to critically examine the content of the impugned expression as a whole and in context, and they, uncritically and without relevant argumentation, provided the plaintiffs with protection under Article 8 of the European Convention, disregarding the appellant's right under Article 10 of the European Convention. Ordinary courts also failed to strike a fair balance between two competing rights of equal importance. In view of this conclusion, the Constitutional Court further stated that the appellant's right to a reasoned decision as part of the 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 was violated.
AP-3339/19 - The Constitutional Court concluded, inter alia, that there was a violation of the appellant's right to a fair trial in relation to a decision within a reasonable time as one of the aspects of the right to a fair trial under Article II(3)(e) of the Constitution Bosnia and Herzegovina and Article 6(1) of the European Convention, in a situation where the probate proceedings lasted 12 years and about eight months. The Municipal Court in Mostar contributed a lot to the length of the proceedings because it failed to give objectively acceptable reasons, i.e. it failed to give any reasons in that regard.
AP-2573/19 - The Constitutional Court concluded, inter alia, that there was a violation of the appellant's right to a fair trial in relation to the decision within a reasonable time under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, bearing in mind that the procedure in question lasted 16 years and three months, for which the greatest responsibility is to be borne by the Housing Administration of the Canton of Sarajevo (“the Administration“). The procedure lasted eight years and two months. In addition, the Administration did not submit a response to the appeal.
All decisions adopted at today's session will be delivered to the appellants within a month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
