The Constitutional Court of Bosnia and Herzegovina has held today its 127th plenary session at which it granted the request of Mr. Šefik Džaferović, Chairman of the Presidency of Bosnia and Herzegovina for adoption of interim measure in the case no. U-17/22. By the Decision on Interim Measure, the Constitutional Court rendered the Law on Pharmaceuticals and Medical Devices of Republika Srpska (Official Gazette of the Republika Srpska, 118/21) and the Law on Amendments to the Law on Republic Administration (Official Gazette of the Republika Srpska, 15/22) temporarily ineffective. It was determined that the decision enters into force immediately and produces legal effect pending the final decision of the Constitutional Court of Bosnia and Herzegovina on the submitted requests. The Constitutional Court reiterates that the decision on an interim measure in no way presumes the final decision of the Constitutional Court of BiH in this case.
In addition, the Constitutional Court of Bih held its regular 150th session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today, the Constitutional Court has singled out the following:
AP 4746/20 – The Constitutional Court found a violation of the right to home as the Cantonal Court in Mostar failed to analyse the proportionality of the measures to be applied against the appellant and her eviction from the disputed apartment in which she resided from 25 April 1998.
AP 4762/20 – The Constitutional Court found violation of the appellant's right to a fair trial considering that the disputed ruling of the County Court in Trebinje does not contain analysis of the relevant legal aspect of the dispute in terms of statute of limitations of the claim. Therefore, the Constitutional Court was prevented from examining the appellant’s allegations on arbitrary application of the substantive law.
All decisions adopted at today’s session are delivered to the appellants within one month and posted, as soon as possible, on the website of the Constitutional Court of Bosnia and Herzegovina.
