The Constitutional Court of Bosnia and Herzegovina held today its 97th Plenary Session and decided on a number of requests for the review of constitutionality and appeals on purported violations of human rights and fundamental freedoms.
For illustration purposes, we single out the following:
Constitutional Court of Bosnia and Herzegovina dismissed the request lodged by the Court of Bosnia and Herzegovina for review of the constitutionality of certain provisions of the Law on Police Officials of Bosnia and Herzegovina. The Constitutional Court concluded that the challenged provisions of the Law on Police Officials of Bosnia and Herzegovina stipulating that the employment of the police officials of Bosnia and Herzegovina shall be terminated, inter alia, upon reaching 40 years of contribution to the pension fund, irrespective of their age, has not been inconsistent with the Constitution of Bosnia and Herzegovina, i.e. that it does not have a discriminatory effect on the police officials of Bosnia and Herzegovina residing on the territory of the Republika Srpska.
Also, the Constitutional Court of Bosnia and Herzegovina granted the appeal lodged by the Public Institution of the Faculty of Political Science of the University of Sarajevo against the judgment of the Cantonal Court in Sarajevo dismissing the lawsuit filed by the by the Public Institution of the Faculty of Political Science of the University of Sarajevo for the annulment of the ruling of the Ministry of Education and Science of the Sarajevo Canton. The ruling dismissed as ill-founded the appellant’s appeal against the ruling of the Inspectorate of Labour of the Sarajevo Canton. By this ruling, the appellant was ordered administrative measures relating to the organisation of the master study as well as the price of that study.
Constitutional Court of Bosnia and Herzegovina quashed the judgment of the Cantonal Court and referred the case back to the Cantonal Court in Sarajevo which is obligated to employ an expedited procedure and take a new decision and ordered the Cantonal Court in Sarajevo to inform the Constitutional Court of Bosnia and Herzegovina, within three months as from the date of delivery of this Decision, of the measures taken to execute the decision of the Constitutional Court of Bosnia and Herzegovina.
The Constitutional Court concluded that there is a violation of the right to property of the Public Institution of the Faculty of Political Science of the University of Sarajevo, as the Cantonal Court, in deciding on the extraordinary legal remedy, exceeded the bounds of its authority and the Inspectorate of Labour, in its administrative measure, ordered the harmonisation of the price of the study with the Decision which cannot be associated with the master study organised according to special studies programs by the appellant, pursuant to Article 44 of the Law on Higher Education, thereby exceeding the bounds of their authority, given that the lawfulness of the studies and acquired academic titles is not called into question.
All the decisions on the appeals, as adopted at the session, will be delivered within one month to the applicants and appellants respectively and will be posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
