The Constitutional Court of Bosnia and Herzegovina held its 126th plenary session at which it decided requests for review of constitutionality and appeals on 26 May 2022.
Of decisions it adopted today, the Constitutional Court has singled out the following:
U 16/21 – The Constitutional Court, in deciding the request filed by the Municipal Court in Zavidovići for the review of constitutionality of Article 21(2)(4), Article 105 and a part of Article 75 of the Law on Misdemeanours, established that a portion of Article 75 of the Law on Misdemeanours, which reads “When the ruling on misdemeanour has been delivered through postal services, it shall be considered that the delivery has been made upon the expiry of five working days from the day the ruling has been mailed”, was not compatible with 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 for the reason that it could result in the loss of the right of access to court.
U 2/22 – The Constitutional Court, in deciding on the requests of 15 members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for resolving a dispute between Bosnia and Herzegovina and Republika Srpska, found that there was a dispute over the contested provisions of the Declaration and the Conclusions of the National Assembly of the Republika Srpska regarding the transfer of responsibilities from the Republika Srpska to the level of Bosnia and Herzegovina in the area of justice, defense, security, indirect taxation and other issues. It was established that a number of provisions of the contested acts were not compatible with Article I(2), III(3)(b) of the Constitution of Bosnia and Herzegovina, which was the reason why the Constitutional Court quashed those provisions of the mentioned act.
U 9/22 – The Constitutional Court, in deciding the request of the Municipal Court in Zenica for review of the constitutionality of Article 44 of the Law on Higher Education of the Zenica-Doboj Canton, established that the contested Article was not in conformity with Article I(2) of the Constitution of Bosnia and Herzegovina and Article 12 of the Framework Law on Higher Education in Bosnia and Herzegovina due to the fact that the autonomy of the university was violated.
U 14/22 – The Constitutional Court, in deciding a request of the Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, Mr. Dragan Čović, for review of the regularity of the procedure, i.e. request for determination of existence or lack of the constitutional grounds for declaring the Proposal for the Law to Amend the Election Law of Bosnia and Herzegovina, no. 02-02-1-639/22 of 22 April 2022, detrimental to the vital interest of the Bosniac people, established that the Statement of the Bosniac People Caucus in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina on destructive consequences upon the vital national interest of the Bosniac people in Bosnia and Herzegovina in the Proposal for the Law to Amend the Election Law of Bosnia and Herzegovina met the requirements as to the procedural regularity under Article IV(3)(f) of the Constitution of Bosnia and Herzegovina. The Constitutional Court found that the vital national interest of the Bosniac people in Bosnia and Herzegovina had not been violated.
AP 4378/21 – The Constitutional Court decided that there had been no violation of the appellant's right to impartiality of the court as a segment of the right to a fair trial as the allegations of partiality of the President of the High Judicial and Prosecutorial Council (HJPC) or members of the HJPC were not well founded.
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.
