The Constitutional Court of Bosnia and Herzegovina held its 92nd ordinary session of the Grand Chamber today.
From among the decisions adopted today, the Constitutional Court singles out the following:
AP 3877/17 – wherein the Constitutional Court has concluded, inter alia, that there is no violation of 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 for the Protection of Human Rights and Fundamental Freedoms (European Convention) in a situation where the ordinary courts gave sufficient, clear and relevant reasons for their findings that in the present case it was not proved that the provisions on currency clause in the disputed contract, at the time of the conclusion thereof, were not sufficiently clear and understandable to the appellants or that they did not enter into the contract of their free will, and that the contested loan agreement in CHF would therefore be null and void. In addition, in their lawsuit the appellants did not request the application of other security instruments in the event of an imbalance of mutual giving between the contracting parties, provided for by the Law on Obligations, and the ordinary courts also provided clear and detailed reasoning about it.
AP 1988/17 - wherein the Constitutional Court has concluded, inter alia, that there is a violation of the right to a fair trial with regard to the right to receive a decision within a reasonable period under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, as the civil proceedings in question lasted approximately 21 years after the establishment of the jurisdiction of the Constitutional Court of BiH, while the Basic Court in Trebinje and the Public Attorney’s Office of Republika Srpska bear the responsibility for the length of the proceedings, and they failed to give any reasons about the aforementioned.
AP 2425/17 - wherein the Constitutional Court has concluded that there is a violation of 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, where the interference with the appellant’s right to property is effected in the manner that the decisions of the Court of Bosnia and Herzegovina do not strike a balance between the public interest and the appellant’s interest, as an excessive personal burden has been placed on the appellant, and for almost 10 years the appellant has been prevented from free disposal of his property - objects that had been temporarily seized from him, including the burden of uncertainty whether the property will be and/or when restored to him.
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.
