Today, the Constitutional Court of Bosnia and Herzegovina has held 154th 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 4163/20 - The Constitutional Court concluded that the appellant’s right to property was violated. The violation was found as the decisions of ordinary courts imposing an obligation on the appellant to pay the fixed heating costs, after his apartment had been disconnected from the central heating system, failed to strike a fair balance between the requirement of a general interest of the community and the protection of fundamental rights of individual. This was so as the appellant had to bear a “special and excessive burden” of maintenance and functioning of such heating system.
AP 3921/21 - The Constitutional Court concluded that there was a violation of the appellants’ right to a reasoned court decision, as a segment of the right to a fair trial. The violation was found as the Supreme Court of the Republika Srpska, following a decision of the Constitutional Court of BiH, which had already established once the violation of the right to a fair trial due to the shortcoming in the reasoning for the decision of the said court, failed to acknowledge the positions the Constitutional Court presented in the Decision AP 1762/20. Finally, it failed to consider the legal effect of the entry of pre-registration.
AP 2165/22 – The Constitutional Court concluded that the disputed decisions violated the appellant’s right to a fair trial. The violation was found as the Supreme Court of the Republika Srpska took completely opposed positions in the part of the decision concerning the statement of claim and the counter-suit statement of claim pertaining to the lost profit. This was related to the suitability of using the facility for leasing and the rule of simultaneous fulfilment of mutual obligations of the parties to the proceedings.
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.
