The Constitutional Court of Bosnia and Herzegovina has held today the 152nd 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 156/21 - The Constitutional Court concluded in this case that there was a violation of the right to a fair trial of the appellants. The violation was found as the Cantonal Court in Sarajevo provided almost identical reasoning concerning the issue of the legal interest of the plaintiff for filing a declaratory action following a decision of the Constitutional Court already establishing a violation of the right to a fair trial due to shortcomings in the reasoning for the decision of the said court. In addition, the Cantonal Court did not consider the positions enunciated by the Constitutional Court in the Decision AP-2321/18, which is final and binding.
AP 441/21 - The Constitutional Court concluded that there was a violation of the appellant’s right to a fair trial, in the part of the challenged decision dismissing the statement of claim pertaining to the funds in the testator’s bank account. This was so given that the FBiH Supreme Court has not discussed at all the issue of whether such funds constitute compensations paid in respect of disability allowance, which the testator committed herself to use to cover the costs of nursing home accommodation. This issue is undoubtedly of relevance for a final decision on that part of the statement of claim.
AP 487/21 - The Constitutional Court concluded that there was a violation of the right to a fair trial in relation to the right to a trial within a reasonable time, as one of the elements of the right to a fair trial. The violation was found as a procedure before ordinary courts lasted in total for over 18 years. The procedure before the first instance court alone was pending for more than 12 years. The ordinary courts failed to provide the reasons that might have a bearing on a different conclusion by the Constitutional Court.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
