Today, the Constitutional Court of Bosnia and Herzegovina has held its 140th ordinary 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-1329/20 –The Constitutional Court concluded that there has been a violation of the appellant’s right to property, given that the right of the respondent Municipality as public authority to dispose, according to the relevant provision of the Law on Return, Allocation and Sale of Apartments of the Federation of Bosnia and Herzegovina, with the apartment in question due solely to the fact that the appellant failed to conclude the contract on use, cannot have priority over the right of the appellant who has been in possession of the relevant apartment, which represents his home for more than 20 years on the basis of the decision allocating the apartment to him issued by the company which was subsequently privatised.
AP-3881/21 – The Constitutional Court concluded that there has been a violation of the appellant’s right to liberty and security of person (in relation to the conclusion of ordinary courts that the reasons for ordering detention have been met) when the ordinary courts failed to state the particular circumstances which justify the conclusion that setting the appellant free would result in extraordinary circumstances due to an actual (not abstract) threat for the disturbance of public order in terms of Article 197(1)(g) of the Civil Procedure Code of the Republika Srpska.
All decisions adopted at today’s session will be delivered to the appellants within one month and published at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
