On 28 September 2023, the Constitutional Court of Bosnia and Herzegovina held its 138th plenary session. At the session, the Constitutional Court examined several requests for review of constitutionality and appeals.
Of the decisions adopted at the plenary session, the Constitutional Court singles out the following:
U 2/21 – In deciding on the request of Mr. Šefik Džaferović, a member of the Presidency of Bosnia and Herzegovina, at the time of filing the request, for the review of constitutionality of of the Law on Technical Regulations of the Republika Srpska (Official Gazette of the Republika Srpska, 98/13), the Constitutional Court established that the Law is inconsistent with Article III (3) (b) of the Constitution of Bosnia and Herzegovina
U 3/21 – In deciding on the request of Seven Delegates of the Council of Peoples of the Republika Srpska for review of the constitutionality of the provisions of the Law on Quality Assurance in Higher Education of the Republika Srpska (Official Gazette of the Republika Srpska, 67/20 and 16/23), the Constitutional Court established that Article 7, Article 8, subparagraphs 1), 2), 3), 4), 5), 6), 7), 8) and 9), Article 9, paragraph (3), Article 19, Article 22, Article 30, paragraph (1), subparagraphs 6), 7), 8), 9), 10), 13) and 14), Article 33, paragraph (1), subparagraphs 5), 6), 7) and 8) and paragraph (2) of Article 33, Article 37, Article 48, paragraph (1), subparagraph 3) and paragraph (2) of Article 48 and Article 50 of the Law are inconsistent with Articles I(2), III(2)(b) and III(3)(b) of the Constitution of Bosnia and Herzegovina. It was further established that provisions of Article 8(1), subparagraphs (10), (11) and (12), paragraph (2) of the same Law are consistent with Article I(2), III(2)(b) and III(3)(b) of the Constitution of Bosnia and Herzegovina.
U 12/23 – In deciding the request of the Municipal Court in Sarajevo for review of the constitutionality of Article 20 of the Law on Salaries and Compensations in the Government Authorities of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 45/10, 111/12, 20/17, 22/19 and 94/20), the Constitutional Court established that Article 20 of the Law on Salaries and Compensations, under Section IV, in particular, the subparagraph stipulating the expert judicial advisors in the Supreme Court of the Federation, is not consistent with the provisions of Article II(4) of the Constitution of Bosnia and Herzegovina, Article 1 of Protocol No. 12 to the European Convention and Article 26 of the International Covenant on Civil and Political Rights. The request of the Municipal Court in Sarajevo for review of the constitutionality of the Decree on Compensations that are not in the form of Salary (Official Gazette of the Federation of Bosnia and Herzegovina, 63/10, 22/10, 6611, 51/12 and 99/22) is rejected as the Constitutional Court is not competent to take a decision.
AP 582/21 (Mr. Ahmo Hrnjić) – In this case, the Constitutional Court concluded, having in mind the specific circumstances of the case, that there has been a violation of the right to property as the contested judgment placed an excessive burden on the appellant of suffering the consequences of the application of the law. The law was found to be inconsistent with the Constitution of F BiH.
AP 2212/21 („Planinski Biser“ d.o.o. Rakitno) – In this case, the Constitutional Court concluded that there has been a violation of the appellant’s right to given that the ordinary courts did not apply the legally binding position of the Constitutional Court, and failed to prevent the abuse of rights to the appellant’s detriment in the retrial as well.
All decisions adopted at today's plenary session will be delivered to the applicants/appellants within one month. They will be posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
