There is a violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention in the situation where there is no guarantee that the appellant, as a holder of the instrument permitting enforcement, would be able to obtain the payment of the claim against the Federation of BiH.
• Decision on Admissibility and Merits No. AP 1307/08 of 9 July 2010, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 95/10; war damages
The Constitutional Court concludes that there is a violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention in the case where the ordinary courts granted the objection raised in enforcement proceedings because instead of the failure to specify the Zenica-Doboj Canton and not the legal entity having a transaction account at the aforementioned Canton in the motion for enforcement, the enforcement of the judicial decision, which is an integral part of the “trial” within the meaning of Article 6 of the European Convention, became illusory.
• Decision on Admissibility and Merits No. AP 1603/08 of 13 October 2010, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 24/11; Mješovita srednja škola “Hazim Šabanović” Visoko;
• Decision on Admissibility and Merits No. AP 63/09 of 22 February 2011, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 41/11
The Constitutional Court concludes that, given the fact that the Federation of BiH failed to calculate the total debts arising from the enforceable judicial decisions, which, if need be, could be updated, and taking into account that there is no central and transparent record of claims, it follows that the appellants, as the holders of the enforceable court decisions, had no guarantee that the payment of their claims would be made within a reasonable time by the Federation of BiH and, consequently, there is a violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention in the present case in respect of the right to enforcement of the final judgment within a reasonable time as well as a violation of the right to property under Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 1544 of 27 May 2011, paragraph 65, published in the Official Gazette of Bosnia and Herzegovina, 99/11; failure to enforce the final judgments; the claims arising from the employment decided by the final judgments; compensation awarded
The Constitutional Court finds that, given the fact that the Government of the Zenica- Doboj Canton failed to calculate the total debts arising from the enforceable judicial decisions, which, if need be, could be updated, and taking into account that there is no central and transparent record of claims, it follows that the appellants, as the holders of the enforceable court decisions, had no guarantee that the payment of their claims would be made within a reasonable time by the Zenica-Doboj Canton. For that reason, the Constitutional Court concludes that there is a violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention in the present case in respect of the right to enforcement of the final judgment within a reasonable time as well as a violation of the right to property under Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 2110/08 of 12 October 2011, paragraph 54, published in the Official Gazette of Bosnia and Herzegovina, 99/11; the claims arising from the employment for the period between 2005 and 2006 decided by the final judgments, so that the claims must be paid by the Cantonal Government, i.e. the budget of the Zenica-Doboj Canton
