The Constitutional Court of Bosnia and Herzegovina held its 80th ordinary session of the Grand Chamber today, December 6, 2018.
A considerable number of decisions were adopted today and the following are the notable ones:
AP 4644/16 – the Constitutional Court concluded that the challenged decisions of the ordinary courts were in violation of the appellant’s right to freedom of expression under Article II (3) (h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as the ordinary courts had considered that the appellant’s expression of doubt about the impartiality of the court (in the appellant’s submission) had been an insult to the court for which a fine had been imposed on the appellant, while the content of the disputed submission had not been examined sufficiently or in accordance with the standards of Article 10 of the European Convention.
AP 4582/16 - the Constitutional Court concluded that the challenged decision of the ordinary court was in violation of the principle of legal certainty within the scope of the right to a fair trial under Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the situation where the court, as a court of last resort, made a contradictory decision compared to its long-standing consistent case-law regarding almost the same or similar issues related to the exercise of the right to a jubilee prize and where the court failed to provide objective and justified reasons for its decision.
AP 3700/16 - the Constitutional Court concluded that the excessive length of the proceedings in question (the exercise of the right to early old-age pension) amounted to a violation of the right to a fair trial within a reasonable time under Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and, consequently, there was a violation of the appellant’s right to property under Article II (3) (k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, as the appellant had been deprived of a legitimate expectation of obtaining the property, i.e. he had lost the right he had had at the time of filing the claim.
All decisions taken at the session are to be delivered to the appellants within one month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina as soon as possible.
