Today, the Constitutional Court of Bosnia and Herzegovina has held 98th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 878/19 - wherein the Constitutional Court concluded that the failure of the County Court in Banjaluka – Special Department for Fighting Corruption, Organized and Most Severe Forms of Economic Crime to proceed upon the motion of the appellant for the termination of custody, as prescribed under Article 196 paragraphs 6 and 7 of the Criminal Procedure Code of the Republika Srpska, while completely ignoring the final and binding decision of the Constitutional Court of BiH (AP-6559/18), along with the reasons provided in the reasoning thereof, i.e. the failure to deliver (a written) decision on continued justification of the extension of the custody for the appellant and depriving the appellant of the right to appeal, violates the principles contained in the right to liberty and security, guaranteed under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention).
AP 324/18 - wherein the Constitutional Court, inter alia, concluded that, in the proceeding following the appellant’s request for the compensation of salary during her absence from work for the purpose of pregnancy, childbirth and child care, the administration authorities and ordinary court failed to provide the reasons and arguments showing in the appellant’s case the existence of a reasonable relationship of proportionality rendering the challenged difference (exclusively on the ground of citizenship) compatible with the requirements of Article 14 of the European Convention, and no such thing followed from the facts of the case at issue, which amounted to a violation of non-discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in connection with the right to family life under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention.
All decisions adopted at the session today will be delivered to the appellants within one month and will be published as soon as possible on the official website of the Constitutional Court of Bosnia and Herzegovina.
