96th session of the Grand Chamber

The Constitutional Court of Bosnia and Herzegovina held today its regular 96th session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.

Out of the decisions adopted today, the Constitutional Court singles out the following:

AP 4987/17- The Constitutional Court found a violation of the appellant’s right to home under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of the Human Rights and Fundamental Freedoms (European Convention). The violation was found as the interference with the appellant’s right does not present a necessary measure in a democratic society as an excessive burden was placed on the appellant in a situation when she was ordered to vacate the apartment wherein she resided for many years, without any indication whether and when the property rights in terms of which she had a legitimate expectation (for the purpose of decision of the Constitutional Court in case AP-1203/10) will be exercised.

AP 5187/17 – The Constitutional Court concluded that there is no violation of the right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol no. 1 to the European Convention when challenged decisions raised a procedure of compulsory payment of tax liabilities of the company in question from the property of the appellant as the director of that company for the purpose of relevant provisions of the Law on Tax Administration of Federation of BiH.

All decisions taken at the today’s 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.

Podijeli

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