The Constitutional Court held its regular 77th session today.
Out of a number of decisions that the Constitutional Court adopted, it highlights one particular decision. In this decision, the Constitutional Court found a violation of the principle of non-discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to property referred to in Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention. Therein, the Constitutional Court concluded that this was the result of the ordinary courts’ and administrative bodies’ application of the Law on Pension and Disability Insurance and their disregard for the commitment arising from the Family Law of the F BiH on consistently considering the common law union equal with the marriage union in all rights and obligations, including property rights as well as the refusal of the appellant's request to grant her, as a member of the family of the deceased insurance beneficiary, the right to a family pension.
The Constitutional Court also adopted the decision in which it concluded that there has been a violation of the right to an effective legal remedy under Article 13 of the European Convention relating to the right to a fair trial under Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention. In fact, an ordinary court, when delivering a decision imposing a misdemeanour penalty, subject to appeal, applied the law provisions on delivery with an unacceptable formalism, which did not provide for the reasonable diligence of the ordinary court as, according to the appellant's complaint, it did not verify a presumption of due delivery of decision on penalty.
All decisions adopted at the session will be delivered to the appellants within a month and published on the website of the Constitutional Court of Bosnia and Herzegovina.
