The Constitutional Court of Bosnia and Herzegovina held its 95th ordinary session of the Grand Chamber today
From among the decisions adopted today, the Constitutional Court singles out the following:
AP 1270/18 - The Constitutional Court found a violation of the appellant’s right 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 for the Protection of Human Rights and Fundamental Freedoms (European Convention). It found a violation as the proceedings, which related to the action for damages, were pending for years and 11 months, and the Cantonal Court in Mostar bears the primary responsibility, as it spent four years and one month to decide on the appeal lodged, and it failed to provide any reason about it in its response to the appeal.
AP 2029/18 - The Constitutional Court found 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. It found no violation as the ordinary courts gave sufficient, clear and relevant reasons for their findings that in the present case the statutory default interest when applying the mechanism of unjust enrichment, as a result of a lack of good faith by the appellant, must be calculated from the date of enrichment, while the statute of limitations for these claims must be calculated from the day when the legal basis had ceased to exist.
AP 2189/18 - The Constitutional Court found 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 in a situation where the ordinary courts did not arbitrarily apply the substantive law in concluding that the appellant (bank), having entered into a guarantee agreement with the first defendant, was not entitled to obtain satisfaction from the part of the real property in question on which the plaintiff ex-lege acquired joint ownership, and on which the appellant had no lien.
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.
