Bosnia and Herzegovina failed to protect the appellants’ right to property in an effective manner by failing to pass a framework law regulating the payment of the old foreign currency savings, which amounted to a violation of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 494/05 of 9 February 2006, paragraph 62, published in the Official Gazette of Bosnia and Herzegovina, 35/06;
• Decision on the Merits No. AP 498/05 of 27 June 2006, paragraph 7 et seq., published in the Official Gazette of Bosnia and Herzegovina, 77/06
The Constitutional Court concludes that the respective appeals filed against Bosnia and Herzegovina relating to the appellants’ complaints about the violation of the right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention are ill-founded, since the adoption of the Law on the Settlement of Obligations Arising From Old Foreign Currency Savings did not amount to an unjustified interference with the appellants’ right to property. Furthermore, the Constitutional Court concludes that the Federation of Bosnia and Herzegovina did not interfere with the appellants’ right to property, since the competence to resolve the issue of payment of claims arising from the old foreign currency savings was transferred to the State.
• Decision on the Merits No. AP 1391/06 of 4 September 2008, paragraph 47, published in the Official Gazette of Bosnia and Herzegovina, 91/08
