The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina held today, on 10 April 2019, its regular 86th session.
Of the decisions adopted today, the Constitutional Court singles out the following:
AP-598/17 – The Constitutional Court found a violation of the prohibition of discrimination 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 under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol no. 1 to the European Convention. The Court held that the violation of the appellant’s rights is arising from the lack of harmonized relevant regulations (Labour Law and Retirement and Disability Insurance) in relation to the requirements as to the retirement age which caused the appellant to be placed in an unequal position in relation to all other persons who acquired the right to retirement after having reached 40 years of service.
The Constitutional Court stressed that the legislator itself is responsible for this situation as it has failed to harmonize requirements for terminating the work contract due to the appellant having reached 40 years of service and having acquired the retirement age.
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 earliest as possible.
