93rd Plenary session

The Constitutional Court of Bosnia and Herzegovina held today its 93rd Plenary session at which it decided on a number of requests for review of constitutionality and appeals on alleged violations of the human rights and fundamental freedoms and examined a number of proposals of administrative decisions of the Constitutional Court of BiH.

For the illustration purposes, we present the following:

Constitutional Court of BiH dismissed the request of the Thirty-eight (38) Deputies of the National Assembly of the Republika Srpska for a review of constitutionality of the provisions of Article 4(2) and (3), Article 5, Article 6(3), Article 9(1), Article 10, Article 11(1)(d), Article 17, Article 18(1) and Article 21(1) of the Law on the Collective Management of Copyright and Related Rights as it hereby established that the provisions of Article 4(2) and (3), Article 5, Article 6(3), Article 9(1), Article 10, Article 11(1)(d), Article 17, Article 18(1) and Article 21(1) of the Law on the Collective Management of Copyright and Related Rights are compatible with Article II(3)(i) and (k) and Article II(4) of the Constitution of Bosnia and Herzegovina.

The request lodged by Thirty-eight (38) Deputies of the National Assembly of the Republika Srpska for a review of lawfulness of Articles 4, 5 and 6 of the Law on the Collective Management of Copyright and Related Rights in respect of the Law on Copyright and Related Rights and Article 10 of the Law on Obligations is rejected as the Constitutional Court is not competent to take a decision.

Deciding on the request lodged by Mr. Zeljko Komsic, the Member of the Presidency of Bosnia and Herzegovina at the time of filing the request, for the review of constitutionality of Articles 7(2), 9(3) and 11(4) of the Law on the System of State Aid in Bosnia and Herzegovina, the Constitutional Court of BiH established that Articles 7(2) and 11(4) of the Law on the System of State Aid in Bosnia and Herzegovina arein conformity with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Constitutional Court established that Article 9(3) of the Law on the System of State Aid in Bosnia and Herzegovina isin conformity with Article III(1)(e) of the Constitution of Bosnia and Herzegovina.

Constitutional Court of BiH decided on a number of appeals on alleged violations of the appellants’ rights. In cases in which it established a violation of the appellants’ rights, the Constitutional Court granted the appeals or dismissed them as ill-founded in cases in which it found no such violation.

Constitutional Court also adopted a number of administrative decisions of the Constitutional Court of BiH.

All decisions on the requests for review of constitutionality and appeals, adopted at the session shall be published on the webpage of the Constitutional Court of Bosnia and Herzegovina within a time limit of one month, following the delivery to the appellants.

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