The term “judgment”, within the meaning of the appellate jurisdiction of the Constitutional Court under Article VI(3)(b) of the Constitution of Bosnia and Herzegovina, is to be interpreted extensively. The term includes not only all kinds of decisions and rulings but also a failure to take a decision where such failure is claimed to be unconstitutional.
• Decision No. U 23/00 of 2 February 2001, published in the Official Gazette of Bosnia and Herzegovina, 10/01
• Decision on the Merits No. AP 1404/05 of 9 May 2006, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 68/06; administrative procedure, repossession of the apartment
Immunity is an important preliminary issue which is considered separately from the whole criminal proceedings, since it follows from the provisions of the Law on Immunity that when immunity is claimed the competent courts have to issue a decision on that matter. Once the issue of immunity is decided it cannot be raised again in specific criminal proceedings. The Constitutional Court therefore holds that the standards of the right to fair proceedings also refer to the proceedings in which the right to immunity is decided, since, if the claim of immunity is rejected and the criminal proceedings continued, the issue of immunity cannot be raised again. In view of the aforesaid, the Constitutional Court considers that the appeals in the present case are admissible although no final decision has been yet issued with regard to the appellants’ guilt of the criminal offence they are charged with... Taking into account the aforesaid, particularly a newly arisen situation, the Constitutional Court concludes that the appeal at issue cannot be resolved in accordance with the Constitutional Court’s case-law in cases No. U 59/01, U 60/01 and U 61/01.
• Decision on Admissibility and Merits No. AP 58/03 of 29 October 2004, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 11/05; the admissibility issue relating to the decisions on immunity, modification of legal standpoint relating to the admissibility
The Constitutional Court may exceptionally consider the appeal even if there is no decision of the competent court, if the appeals points to the serious violation of the human rights and fundamental freedoms as protected by the Constitution of Bosnia and Herzegovina or international documents applicable in Bosnia and Herzegovina.
• Decision on the Merits No. AP 542/04 of 13 October 2005, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 17/06; the length of the proceedings to annul a gift agreement; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The Constitutional Court is not competent to review the individual decisions of the High Representative, rather it must be limited exclusively to its jurisdiction arising out of Article VI(3)(b) of the Constitution of Bosnia and Herzegovina and examine whether the appellants have had an effective legal remedy available under law by which they could challenge the said decisions within the meaning of Article 13 of the European Convention.
• Decision on Admissibility and Merits No. AP 953/05 of 8 July 2006, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 20/07; removal from office by the High Representative
