The Constitutional Court of Bosnia and Herzegovina has held today, by electronic means, the 126th 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 2607/19 – The Constitutional Court found a violation of the appellant’s right arising 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 when the Cantonal Court in Livno has, in the contested decision, failed to strike a fair balance between the protection of the right of the worshiper on one hand and protection of the appellant’s right to freedom of expression on the other hand. The reasons the court referred to cannot be considered as relevant and adequate to justify interference with the appellant’s right to freedom of expression by imposing a criminal sanction. It therefore arises that the Cantonal Court failed to act in line with the positions taken by the Constitutional Court in decision no. AP 3430/16 of 19 December 2018. In view of this conclusion, the Constitutional Court concludes that due to this arbitrariness, there was a violation of the appellant's right to fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention respectively.
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.
