The Constitutional Court of Bosnia and Herzegovina held today its regular 97th Grand Chamber.
Of the decisions adopted today, the Constitutional Court singles out the following:
AP 5578/17 – The Constitutional Court, inter alia, found a 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 for the Protection of Human Rights and Fundamental Freedoms (European Convention) in relation to adoption of a decision within reasonable time-limit when the administrative proceedings, administrative dispute procedure and extraordinary review of a court decision, were pending for 14 years and two months. This does not include the period of termination of the proceedings in which the administrative authorities could not have acted for objective reasons, which is a priori outside a reasonable time-limit. This is, for the most part, the responsibility of the administrative authorities and Cantonal Court in Sarajevo.
AP 3260/19 – The Constitutional Court concluded that there is a violation of the right to an effective legal remedy under Article 13 of the European Convention in regards to a right to freedom of movement under Article II(3)(m) of the Constitution of Bosnia and Herzegovina and Article 2 of Protocol no. 4 to the European Convention wherein due to a failure of the regular court to examine, upon expiration of two months, whether the applied measure of prohibition limiting the appellant’s freedom of movement was still necessary, the appellant was deprived of a possibility to challenge the issued measure in an adversary procedure before the court and to avail himself of the effective legal remedy as stipulated by law, in the absence of a decision.
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 within shortest time period possible.
