The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina held its 83rd ordinary session today, on 13 February 2019.
Of its decisions adopted today, the Constitutional Court singles out the following:
AP 108/17 – The Constitutional Court concluded that the appellants’ 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 has been violated. The violation occurred as the second instance court modified the first instance ruling whereby the misdemeanour proceedings against the appellants had been terminated by referral to the provision of the Law on Misdemeanours of the Federation of Bosnia and Herzegovina which is not applicable to the relevant case, and without giving the appellants a possibility to present their defence and evidence at the oral hearing which possibility they would have if the court had applied the appropriate provision of the Law on Misdemeanours.
AP 118/17 – The Constitutional Court, inter alia, concluded that the appellant’s right to not to be discriminated against under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in conjunction with the right to property set forth in Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms has been violated. The violation occurred as the ordinary courts applied the Inheritance Law of 1980 and disregarded the commitment arising from the Family Law of the Brčko District of Bosnia and Herzegovina on consistently considering the common law union equal with the marriage union lasting over three years in all rights and obligations, including property rights, and dismissed the appellant’s claim to be recognised her right to participate in the probate proceedings as the first heir in line.
AP 1086/17 – The Constitutional Court found that the appellant’s 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 has been violated. The violation occurred as the administrative bodies and the competent court, by the arbitrary application the provisions of the Law on Pension and Disability Insurance of the Federation of Bosnia and Herzegovina, recognised the right to old age pension to the appellant as of the moment when the contributions on the appellant’s behalf had been paid against the Pension and Disability Insurance Fund and not as of the date of submission of the request for exercising right to old age pension, i.e. as the date when the appellant has de facto met the requirements to acquire the right to pension.
All decisions taken at the session are to be delivered to the appellants within one month time-limit and at the earliest convenience posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
