Constitutional Court of Bosnia and Herzegovina held today its regular 93rd session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
The Constitutional Court singles out the following decisions:
AP 1768/19 – The Constitutional Court concluded that there is a violation of the right under 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 in the situation when the measure of prohibition to render attorney services in the criminal and contentious proceedings pronounced to the appellant does not strike a fair balance between the aim sought to be achieved and the appellant’s constitutional rights. In addition, the Constitutional Court concluded there is a violation of the appellant’s right to an effective legal remedy under Article 13 of the European Convention as the appellant’s complaint in this case was not “effective” in terms of prevention of an alleged violation of his right to property and duration of that violation.
AP-3358/17- The Constitutional Court concluded that the challenged judgment of the regular court caused a violation of the right to fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention when the regular court failed to consider the particulars of the criminal offences of partaking in the fight that implied that in the relevant circumstances the claim for damages compensation is to be viewed in the light of Articled 206 paragraph (4) of the Law on Obligations of the Federation of BiH.
AP-3409/17- The Constitutional court, inter alia, concluded that there is a violation of the right to fair proceedings relating to a trial “within reasonable time limit” under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention as the proceedings upon lawsuit for damages compensation continued for seven years and six months from the date of submission of the lawsuit. Only four years and ten months later the subject-matter jurisdiction was established for acting in the instant legal matter.
All the decisions adopted at the session will be served on the appellants and published at the web-page of the Constitutional Court of Bosnia Herzegovina within a month.
