The Constitutional Court of BiH held today its regular 16th session of the Grand Chamber.
Constitutional Court, inter alia, decided on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Within its decision-making, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.
For the illustration purposes, we present the following:
Constitutional Court of BiH, inter alia, decided on the appeal of the Waqf (Endowment) Directorate Sarajevo lodged against the judgment of the Cantonal Court in Sarajevo and judgment of the Supreme Court of the F BiH, which decided on the appellant’s revision-appeal against the second-instance judgment.
The judgment of the Cantonal Court in Sarajevo and judgment of the Supreme Court of the Federation of Bosnia and Herzegovina granted the appeals of the defendants lodged against the first instance judgment of the Municipal Court in Sarajevo that determined that the sales contracts on the apartments concluded between the occupancy right holders i.e. defendants as buyers and Center Municipality as seller. As a consequence the Land Registry Office of the Municipal Court, Deposited Contracts Books Department was ordered to remove registration based on these contracts in sub-certificates more closely designated in the enacting clause of the judgment.
In the appeal, the appellant has inter alia emphasized that the challenged decisions violated the right to fair trial under Article II(3)(e) of the Constitution of BiH and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Constitutional Court of BiH concluded that there is no violation of Article II(3)(e) of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms since Supreme Court and Cantonal Court have given clear and detailed reasoning in its decisions in terms of application of provisions of Article 47 paragraph 2 of the Law on Sale of Apartments in regards to provisions of Article II(2) and II(6) of the Constitution of BiH and that they have given detailed and clear reasoning for its decision which the Constitutional Court does not find arbitrary.
Constitutional Court of BiH concluded that there is no violation of the right to property under Article II(3)(k) of the Constitution of Bih and Article 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms when appellant for the violation of that right draws connection with the arbitrary application of substantive law and the Court finds that there is no arbitrariness in that aspect.
Constitutional Court of BiH decided to dismiss the appeal as ill-founded.
In all cases in which it found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, in line with Article 72(5) of the Rules of the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeals lodged in an untimely fashion, after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.
The Court adopted a number of decisions in which appeals were rejected as inadmissible which are manifestly prima facie ill-founded as the requests of appellants were not justified i.e. the facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings bear consequences of violation of rights protected by the Constitution.
All decisions adopted at the session shall be published on the webpage of the Constitutional Court of Bosnia and Herzegovina within a time limit of one month, following the delivery to the appellants.
Constitutional Court, inter alia, decided on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Within its decision-making, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.
For the illustration purposes, we present the following:
Constitutional Court of BiH, inter alia, decided on the appeal of the Waqf (Endowment) Directorate Sarajevo lodged against the judgment of the Cantonal Court in Sarajevo and judgment of the Supreme Court of the F BiH, which decided on the appellant’s revision-appeal against the second-instance judgment.
The judgment of the Cantonal Court in Sarajevo and judgment of the Supreme Court of the Federation of Bosnia and Herzegovina granted the appeals of the defendants lodged against the first instance judgment of the Municipal Court in Sarajevo that determined that the sales contracts on the apartments concluded between the occupancy right holders i.e. defendants as buyers and Center Municipality as seller. As a consequence the Land Registry Office of the Municipal Court, Deposited Contracts Books Department was ordered to remove registration based on these contracts in sub-certificates more closely designated in the enacting clause of the judgment.
In the appeal, the appellant has inter alia emphasized that the challenged decisions violated the right to fair trial under Article II(3)(e) of the Constitution of BiH and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Constitutional Court of BiH concluded that there is no violation of Article II(3)(e) of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms since Supreme Court and Cantonal Court have given clear and detailed reasoning in its decisions in terms of application of provisions of Article 47 paragraph 2 of the Law on Sale of Apartments in regards to provisions of Article II(2) and II(6) of the Constitution of BiH and that they have given detailed and clear reasoning for its decision which the Constitutional Court does not find arbitrary.
Constitutional Court of BiH concluded that there is no violation of the right to property under Article II(3)(k) of the Constitution of Bih and Article 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms when appellant for the violation of that right draws connection with the arbitrary application of substantive law and the Court finds that there is no arbitrariness in that aspect.
Constitutional Court of BiH decided to dismiss the appeal as ill-founded.
In all cases in which it found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, in line with Article 72(5) of the Rules of the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeals lodged in an untimely fashion, after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.
The Court adopted a number of decisions in which appeals were rejected as inadmissible which are manifestly prima facie ill-founded as the requests of appellants were not justified i.e. the facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings bear consequences of violation of rights protected by the Constitution.
All decisions adopted at the session shall be published on the webpage of the Constitutional Court of Bosnia and Herzegovina within a time limit of one month, following the delivery to the appellants.
