The Constitutional Court of Bosnia and Herzegovina held today its regular 94th session of the Grand Chamber session of the Constitutional Court of Bosnia and Herzegovina.
Out of the decisions adopted today, the Constitutional Court singles out the following:
AP 3174/17 – The Constitutional Court, inter alia, found a violation of the appellant’s right to a reasoned decision as the integral part of the right to 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 (European Convention). In the opinion of the Constitutional Court, regular courts have failed to reason in a satisfactory manner as to why they consider that evidence the appellant presented did not make the discrimination plausible and why they dismissed the claim without having correctly applied the shifting the burden of proof rule. It follows that the regular courts failed to examine and reason the issue whether the defendants have applied reasonable measure of harmonization of curriculums with the needs of the appellants as required by the standards stipulated by the Framework Law on Elementary and Secondary Education in Bosnia and Herzegovina, Law on Elementary Education and Upbringing of Republika Srpska and Agreement on Common Core Curriculum of BiH.
AP 2180/17 – The Constitutional Court concluded there was violation of 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 as the owner of the confiscated property she was not offered a full procedural protection before the regular courts considering that she was prevented to file an appeal against ruling proclaiming a protective measure of permanent confiscation of the vehicle owned by her and in this manner protect her property interests.
All decisions adopted at the session will be delivered to the appellants within one month and will be available at the website of the Constitutional Court of Bosnia and Herzegovina.
