The Constitutional Court of Bosnia and Herzegovina held its 138th ordinary session of the Grand Chamber today.
From among the decisions adopted today, the Constitutional Court singles out the following:
АP-1239/21 – wherein the Constitutional Court has concluded that an interference with the right to „private life“ by the disputed conclusion on mandatory wearing of a face mask indoors, issued by the Republic Headquarters for Emergency Situations of the Government of the Republika Srpska, as an important segment of the executive authorities, amounts to a violation of the right to „private life“, for the highest legislative and executive authorities of the Republika Srpska did not participate in the process of passing and reviewing the measure imposed. In addition, the Constitutional Court has concluded that the part of the appeal is unfounded where it requested that the disputed conclusion be revoked, since there is an obvious public interest in introducing the necessary measures to protect the population from the pandemic and the occurrence of negative consequences.
АP 3012/21 – wherein the Constitutional Court has concluded that that the impugned decisions, which completely deprived the appellant of legal capacity, are in violation of the right to „private life“, since, in the present case in which such a serious measure was imposed, the reasoning of the impugned decisions does not show that the requirements prescribed by law or the standards of the European Court of Human Rights in the cases which raised the issue of deprivation of legal capacity indicated by this decision, have been complied with.
All decisions taken at the session are to be delivered to the appellants within one month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina as soon as possible.
