47th session of the Grand Chamber

The Constitutional Court of Bosnia and Herzegovina held today its regular 47th session of the Grand Chamber.

Pursuant to Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court rejected a number of appeals lodged in an untimely fashion, either 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 preceding proceedings.

The appeals that were manifestly, prima facie, unfounded were rejected by the Constitutional Court.   The facts the appellants presented to the Court in those cases could in no way justify the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties to the proceedings bear the consequences of violation of rights protected by the Constitution.

The Constitutional Court of Bosnia and Herzegovina, inter alia, was deciding the appeals in connection with 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 relating to adoption of decision on admissibility and merits within a reasonable time. While deciding the appeals, 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.

In all cases where it found the existence of violations of the appellants’ right to a fair trial, the Court ordered the competent courts or administrative authorities to finalize the proceedings urgently and to inform the Court, within three months from the date of the submission of the decision, of the measures taken with a view to enforce the decisions.

All decisions adopted at the session will be delivered to the appellants within one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.

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