On 21 March 2024, the Constitutional Court of BiH held its 142nd plenary session, where it considered requests for constitutional review and appeals. 

At the plenary session, the Constitutional Court adopted the Report on the Work of the Constitutional Court of BiH and Report on the Execution of the Budget of the Constitutional Court of BiH for the year 2023. 

Furthermore, at this session, the Constitutional Court considered the Opinion of the Venice Commission on Certain Questions Relating to the Functioning of the Constitutional Court of Bosnia and Herzegovina (15-16 March 2024) and decided to take appropriate measures in the coming period in accordance with the Opinion. 

On 22 March 2024, the Constitutional Court of BiH held a press conference at which President of the Constitutional Court of Bosnia and Herzegovina Valerija Galić, Vice-Presidents of the Constitutional Court of Bosnia and Herzegovina Mirsad Ćeman and Helen Keller, and judges of the Constitutional Court Seada Palavrić, Angelika Nussberger and Ledi Bianku addressed media representatives. At this conference, the President, Vice-Presidents and Judges of the Constitutional Court of BiH presented the work of the Constitutional Court to the present media representatives, with special reference to the current situation regarding the work of the Constitutional Court.

Of the decisions adopted at the plenary sessions, the Constitutional Court singles out the following:

U 28/22 - The Constitutional Court, having considered the request of seven delegates of the Council of Peoples of the Republika Srpska for the review of the constitutionality of Article 2, paragraphs 2 and 3 and Articles 5, 12 and 18 of the Law on Usurpations and Land Grants of the Republika Srpska (Official Gazette of Republika Srpska, 8/20), found that the contested provisions were consistent with Articles I(1), III(3)(b) and IV(4)(e) of the Constitution of Bosnia and Herzegovina. 

U 31/22 – The Constitutional Court rejected as inadmissible the request of 11 members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for the review of the constitutionality of Article 30, paragraph 5, Article 52, paragraph 3, Article 54, paragraph 2 and Article 129 paragraph 2 of the Rules of Procedure of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina,  79/14, 81/15, 97/15 and 53/22) as the Constitutional Court  of BiH was not competent to take a decision. 

AP 2695/21 (S.A.) - In this case, the Constitutional Court found a violation of the right of person not to be subjected to torture, inhuman or degrading treatment or punishment, because the appellant's allegations that the appellant had already been exposed to treatment contrary to Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms had not been considered in the contested decisions. This was, however, necessary in assessing the risk of future abuse. 

AP 4999/22 (Stevo Savić) - In this case, the Constitutional Court partially granted the appeal and found a violation of the appellant's right to liberty and security of person because the Court of Bosnia and Herzegovina, contrary to the standards under Article 5, paragraph 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and of the domestic legislation, failed to speedily and without delay serve the ruling ordering detention of the appellant on his defence attorney. It served it only on the fifth day from the day the relevant ruling was issued. 

AP 81/23 (Democratic Progress Party - PDP) - In this case, the Constitutional Court partially granted the appeal and found that there had been a violation of the passive aspect of the appellant's right to free elections under Article 3 of Protocol No. 1 to the European Convention, because the appellant had not been given an opportunity to participate effectively in the entire proceedings, in which its election rights had been decided. The appeal was rejected with regard to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms for being ratione materiae incompatible with the Constitution of Bosnia and Herzegovina.

AP 1633/23 (Alija Delimustafić) – In this case, the Constitutional Court found that there had been a violation of the right to liberty of movement and residence under Article II(3)(m) of the Constitution of Bosnia and Herzegovina and Article 2 of Protocol No. 4 to the European Convention due to the travel ban measure imposed without previous consent of the court, and the prohibition on issuance of a new travel document and prohibition on using the identity card for crossing the state border of Bosnia and Herzegovina. They were pronounced against the appellant in the ruling of the Cantonal Court in Sarajevo, no. 09 0 K 026508 18 k of 16 July 2019. The Constitutional Court emphasized that the measures ordered had not struck a fair balance between the aim sought to be achieved and the appellant’s constitutional right and that the court had failed to give additional reasons as to why it had been warranting the prohibition measures for years by reiterating formally the same reasons. The Constitutional Court further noted that the court had failed to take adequate action to commence the main trial and terminate the proceedings, although more than six years and five months had passed since the confirmation of the indictment.

In this case, the Constitutional Court ordered the President of the Cantonal Court in Sarajevo to take appropriate measures within 5 days from the date of receipt of this decision, so that it would be examined whether the applied prohibition measures in case no. 09 K 026508, which were imposed on the appellant, were still necessary, and to inform of that the Constitutional Court within a time limit of further five days.

Furthermore, in this case, the Constitutional Court found violation of the right to an effective legal remedy under Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the right to liberty of movement and residence under Article II(3)(m) of the Constitution of Bosnia and Herzegovina and Article 2 of Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

All decisions adopted at today's plenary session will be delivered to the applicants/appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.