The Constitutional Court is a domestic institution of appellate jurisdiction in the view of the rights and freedoms guaranteed by the Constitution of Bosnia and Herzegovina, and in that sense, regardless of the fact that the proceedings were not finalized, it has to point out violations of rights guaranteed by the European Convention and the Constitution of Bosnia and Herzegovina.
• Decision No. U 34/01 of 22 June 2001, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 20/01; the criminal proceedings were not conducted by the court established under law; the proceedings initiated upon an objection as to the subject matter jurisdiction; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
• Decision on Admissibility and Merits No. AP 421/04 of 25 February 2005, paragraphs 26 and 29, published in the Official Gazette of Bosnia and Herzegovina, 40/05; proceedings on revision-appeal, incorrect composition of the chamber of the court; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established)
In the instant case, Article 23 of the Criminal Procedure Code of BiH, which must be read in conjunction with Article 13 of the Law on the Court of BiH, prescribes the subject matter jurisdiction, i.e. criminal jurisdiction, of the Court of BiH, and, in this context, there is no dilemma that the Court of BiH is “the court defined beforehand by law as competent to adjudicate in criminal matters within the scope of its jurisdiction”. Furthermore, Article 449 of the Criminal Procedure Code of BiH stipulates the conditions under which the Court of BiH can, or cannot, take over a case falling under its jurisdiction, which was pending before another court at the time when the Criminal Procedure Code of BiH entered into force. The Constitutional Court holds that the Court of BiH has given sufficient reasons as to the basis of its jurisdiction, which is corroborated by the mentioned laws and which cannot be assessed as arbitrary. In view of the above, the Constitutional Court holds that the Court of BiH, by its decision to take over the case after the County Court had confirmed the indictment and scheduled the main trial following the entry into force of the Criminal Procedure Code of BiH, has not violated the appellant’s right to a fair trial in respect of the requirements that he be tried by “a tribunal established by law”.
• Decision on Admissibility and Merits No. AP 519/07 of 30 January 2010, paragraphs 53 and 54, published in the Official Gazette of Bosnia and Herzegovina, 20/10; war crime, there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The lack of procedural rules governing jurisdiction, in the proceedings brought against the appellant considered as a whole, did not have the effect of violating the right to be tried by “a tribunal established by law” within the meaning of Article 6(1) of the European Convention.
• Decision on Admissibility and Merits No. AP 4532/15 of 13 March 2018, paragraph 83, published in the Official Gazette of Bosnia and Herzegovina, 22/18; Criminal Procedure, jurisdiction of the Court of BiH; no violation of Article II(3)(e) the Constitution of BiH and Article 6 of the European Convention
