Today, the Constitutional Court of Bosnia and Herzegovina has held 99th 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 1/18 - wherein the Constitutional Court concluded, inter alia, that the appellant’s constitutional right under Article II(2) of the Constitution of Bosnia and Herzegovina and Article 7(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention) was violated, as the application in the present case of the Criminal Code of the Republika Srpska occurred to the detriment of the appellant regarding the ordering of a sanction, given that the previously applicable Criminal Code prescribed a possibility for the respective criminal offense to be sanctioned by imposing a fine or a term of imprisonment, and because it contained the provisions, under which a legally binding imprisonment for a term of six months may be substituted by a fine.
AP 754/18 - wherein the Constitutional Court concluded that a violation of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention existed, as an ordinary court, while making the challenged decision, arbitrarily established the capacity of a lawyer taking part in the proceeding, on which clear establishment prescribed under the law depended further application of the provisions of law, as well as the decision on the appellant’s very right to the compensation for the costs of the proceeding.
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.
