The Constitutional Court of Bosnia and Herzegovina decided on a number of requests for review of constitutionality and appeals lodged for alleged violation of human rights and fundamental freedoms on the first day of its 95th plenary session.
Having established the Agenda of the 95th plenary session, the Constitutional Court decided to postpone discussion and deliberation of cases U 3/15, AP 4490/14, AP 1032/15 and AP 579/12 for the next plenary session of the Constitutional Court of Bosnia and Herzegovina.
For the illustration purposes, we present the following with regards to the work of the Constitutional Court of Bosnia and Herzegovina at its 95th plenary session:
In case no. U 28/14, the Constitutional Court granted a request filed by Mr. Staša Košarac, Deputy Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina at the time of lodging the request, for a review of constitutionality of Article 10 of the Rulebook Amending the Rulebook on Criteria, Procedure and Method of Allocation of International Permits for Cargo Transport to Domestic Carriers (Official Gazette of BiH, no. 79/09) and of item 2, paragraph 1 and item 2, paragraph 2 of Chapter III of the Notice on Initiation of the Process of Distribution of CEMT Permits and Bilateral Annual Permits for France and Belgium for 2015. The Constitutional Court established that Article 10 of the Rulebook Amending the Rulebook on Criteria, Procedure and Method of Allocation of International Permits for Cargo Transport to Domestic Carriers, in the part amending Article 16, paragraph 2, item (a), was not compatible with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court of Bosnia and Herzegovina repealed Article 10 of the Rulebook Amending the Rulebook on Criteria, Procedure and Method of Allocation of International Permits for Cargo Transport to Domestic Carriers in the part amending Article 16, paragraph 2, item (a) pursuant to Article 61(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina. Repealed Article 10 of the Rulebook Amending the Rulebook on Criteria, Procedure and Method of Allocation of International Permits for Cargo Transport to Domestic Carriers, in the part amending Article 16(2) item a), shall be rendered ineffective on the day following the day of its publishing in the Official Gazette of Bosnia and Herzegovina, pursuant to Article 61(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina.
In case no. U 3/13, the Constitutional Court of Bosnia and Herzegovina granted a request of Mr. Bakir Izetbegovic, Member of the Presidency of Bosnia and Herzegovina, for review of constitutionality of Article 3(b) of the Law on Holidays of the Republika Srpska.
The Constitutional Court established that Article 3(b) of the Law on Holidays of the Republika Srpska was not in conformity with Article I(2) of the Constitution of Bosnia and Herzegovina, Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1(1) and Article 2(a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Pursuant to Article 61(4) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court of Bosnia and Herzegovina ordered the National Assembly of the Republika Srpska to harmonize Article 3(b) of the Law on Holidays of the Republika Srpska with the Constitution of Bosnia and Herzegovina within a time limit of 6 months from the date of delivery of this Decision.
Pursuant to Article 72(5) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court of BiH ordered the National Assembly of the Republika Srpska to inform the Constitutional Court of Bosnia and Herzegovina, within the time limit given in the previous paragraph, of the measures taken to enforce this Decision.
The Constitutional Court reiterates that this decision does not call into question in any way whatsoever the rights of the citizens of Bosnia and Herzegovina that are Orthodox Christians (just like the similar rights of citizens of any other religious community in Bosnia and Herzegovina) to freely celebrate their holidays in a traditional or any other appropriate manner, which includes the Patron Saint’s Day, St. Stephen. According to the Constitutional Court, such freedoms and rights, particularly free manifestation thereof confirm multi-confessional and multicultural character of Bosnia and Herzegovina as a state and society. Therefore, in that context, such a decision of the Constitutional Court could in no way be understood differently.
The Constitutional Court of Bosnia and Herzegovina terminated proceedings upon the request for review of constitutionality of Article 2(b) of the Law on Holidays of the Republika Srpska as the applicant withdrew the request.
In case no. U 5/15, the Constitutional Court dismissed as ill-founded the request lodged by one-fourth of Delegates to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for review of the constitutionality of the provision of Article 2 amending Article 8, paragraphs 2, 3, 4, 5 and 6, and the provision of Article 3 amending Article 8a, paragraph 1 of the Law Amending the Law on Permanent and Temporary Residence of Citizens of Bosnia and Herzegovina, which, in the applicant’s opinion, are in violation of the right to liberty of movement and residence under Article II(3)(m) of the Constitution of BiH and Article 2 of Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right not to be discriminated against under Article II(4) of the Constitution of BiH, and in violation of Article II(5) the Constitution of BiH in conjunction with Annex 7 to the General Framework Agreement for Peace in BiH (notably, Article I(3)(a)).
The Constitutional Court established that the provision of Article 2 amending Article 8, paragraphs 2, 3, 4, 5 and 6, and the provision of Article 3 amending Article 8a, paragraph 1 of the Law Amending the Law on Permanent and Temporary Residence of Citizens of Bosnia and Herzegovina were compatible with Article II(3)(m), II(4) and II(5) of the Constitution of BiH.
The Constitutional Court of Bosnia and Herzegovina will continue its session tomorrow, November 27, 2015.
All decisions on the requests for review of constitutionality and appeals that were taken at the session will be delivered to the applicants and appellants within a time-limit of one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
