The Government of the Republic of Bosnia and Herzegovina, at the time when it was functioning according to Annex II, paragraph 4 of the Constitution of Bosnia and Herzegovina, was not competent to ratify international treaties for Bosnia and Herzegovina. Therefore, the Decree on the Ratification of the Agreement on Customs Cooperation between the Government of the Republic of Bosnia and Herzegovina, the Government of the Federation of Bosnia and Herzegovina and the Government of the Republic of Croatia (Official Gazette of the Republic of Bosnia and Herzegovina, 7/96) and the Decree on the Ratification of the Agreement on Economic Cooperation between the Government of the Republic of Bosnia and Herzegovina, the Government of the Federation of Bosnia and Herzegovina and the Government of the Republic of Croatia (Official Gazette of the Republic of Bosnia and Herzegovina, 10/96) are hereby declared to be inconsistent with the Constitution of Bosnia and Herzegovina. These decrees shall cease to be valid ex nunc on the date of the adoption of this decision.
• Decision No. U 12/98 of 7 June 1999, published in the Official Gazette of Bosnia and Herzegovina, 11/99
Articles 3, 5, 6, 7, 9, 10, 11, 12, 13, 15, 19, 20, 21, paragraph 3, Articles 22, 24, 25, 26, 27, 28 and 29 of the Law on Council of Ministers of Bosnia and Herzegovina and Ministries of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 4/97) are not in conformity with the Constitution of Bosnia and Herzegovina. These provisions, which regulate establishment of the position of Co-Chairman and Deputy Chairman of the Council of Ministers, are not in conformity with the Constitution of Bosnia and Herzegovina for the reason that the Constitution has explicitly established the position of the mandatary who is authorized to appoint the ministers in accordance with Article V(4) of the Constitution.
• Decision No. U 1/99 of 14 August 1999, published in the Official Gazette of Bosnia and Herzegovina, 16/99
The provisions of the Law on Council of Ministers, which provide for establishing of the position of Co-Chairman and Deputy Chairman of the Council of Ministers, are not in conformity with the Constitution of Bosnia and Herzegovina. The Constitution has explicitly established the position of the mandatary who is authorized to appoint the ministers in accordance with Article V(4) of the Constitution.
• Decision No. U 1/99 of 14 August 1999 published in the Official Gazette of Bosnia and Herzegovina, 16/99
Law on State Border Service of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 2/00) is in conformity with the Constitution of Bosnia and Herzegovina. The fact that the Law on State Border Service was enacted by the High Representative and not by the Parliamentary Assembly does not change its legal status, either in form - since the Law was published as such in the Official Gazette of Bosnia and Herzegovina on 26 January 2000 (Official Gazette, 2/2000) - or in substance, since, whether or not it is in conformity with the Constitution of Bosnia and Herzegovina, it relates to the field falling within the legislative competence of the Parliamentary Assembly according to Article IV(4)(a) of the Constitution of Bosnia and Herzegovina. The Parliamentary Assembly is free to modify in the future the whole text or part of the text of the Law, provided that the appropriate procedure is followed.
• Decision U 9/00 of 3 November 2000, published in the Official Gazette of Bosnia and Herzegovina, 1/01
Article 8(a), paragraph 1 of the Law on Sale of Apartments with Occupancy Right (Official Gazette of Federation of Bosnia and Herzegovina, 27/97, 11/98, 22/99, 27/99 and 7/00) is in conformity with the Constitution of Bosnia and Herzegovina. As a part of the effort of the State to facilitate the return of refugees and displaced persons (Article II(5) Constitution) and to ensure adequate pricing, the State’s requirement that a person, who was previously only a holder of occupancy right, stay in the apartment for two years prior to being allowed to acquire full ownership of that apartment, shall not represent a violation of the right to non-discrimination (Article II(4) of the Constitution, Article 14 of the European Convention), or the right to property (Article II(3)(k) of the Constitution, Article 1 of Protocol No. 1 to the European Convention).
• Decision No. U 16/00 of 2 February 2001, published in the Official Gazette of Bosnia and Herzegovina, 13/01
The Decision Amending the Law on Travel Documents of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 27/00) is declared to be in conformity with the Constitution of Bosnia and Herzegovina. The Constitutional Court not competent to review the powers vested in the High Representative under Annex 10 to the Dayton Peace Agreement or to review the exercise of those powers. However, the Court may review the constitutionality of laws or amendments thereto, proclaimed by the High Representative in the place of the Parliamentary Assembly of Bosnia and Herzegovina. The issues not explicitly listed in Article III(1) of the Constitution of BiH, referring to the competencies of the institutions of BiH, do not necessarily fall within the exclusive competence of the Entities. Under the Constitution, the Parliamentary Assembly of BiH is competent to decide on the sources and amounts of the funds necessary for the operation of the institutions of BiH. Ordinary laws do not serve as a standard of review for the Constitutional Court.
• Decision No. U 25/00 of 23 March 2001, published in the Official Gazette of Bosnia and Herzegovina, 17/01
The Agreement on the Establishment of Special Parallel Relations between the Federal Republic of Yugoslavia and the Republika Srpska of 5 March 2001 (Official Gazette of the Republika Srpska, 26/01) is in conformity with Article III(2)(a) of the Constitution of Bosnia and Herzegovina.
• Decision on the Merits No. U 42/01 of 26 March 2004, published in the Official Gazette of Bosnia and Herzegovina, 22/04
A part of Article 11 of the Law on Territorial Organization and Local Self- Government (Official Gazette of Republika Srpska, 11/94, 6/95, 26/95, 15/96, 17/96, 19/96 and 6/97), the name and Articles 1 and 2 of the Law on City of Srpsko Sarajevo (Official Gazette of Republika Srpska, 25/93, 8/96, 27/96 and 33/97), in relation to the following names: Grad Srpsko Sarajevo, Srpski Drvar, Srpski Sanski Most, Srpski Mostar, Srpsko Goražde, Srbinje, Srpski Ključ, Srpska Kostajnica, Srpski Brod, Srpska Ilidža, Srpsko Novo Sarajevo, Srpski Stari Grad and Srpsko Orašje, is not in conformity with Article II(4) in conjunction with Articles II(3) and II(5) of the Constitution of Bosnia and Herzegovina. The challenged legal provisions are not in conformity with the constitutional principle on equality of constituent peoples in Bosnia and Herzegovina and are of discriminatory character within the meaning of Article II(4) in conjunction with Article II(5) of the Constitution of Bosnia and Herzegovina.
Article 11a of the Law on Territorial Organization and Local Self-Government is in
conformity with the Constitution of Bosnia and Herzegovina.
• Decision Merits No. U 44/01 of 27 February 2004, published in the Official Gazette of Bosnia and Herzegovina, 18/04
Article 19.8, paragraph 3 of the Election Law of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 23/01, 7/02, 9/02, 20/02 and 25/02) is in conformity with the Constitution of Bosnia and Herzegovina. A legal provision linking the right to vote in elections, i.e. the place of elections with the status of the user of someone else’s property has a legitimate aim and reasonable justification and there is no discrimination or violation of the right to liberty of movement and residence.
• Decision Merits No. U 14/02 of 30 January 2004, published in the Official Gazette of Bosnia and Herzegovina, 18/04
Decision on Amendments to the Constitution of Republika Srpska (Official Gazette of Bosnia and Herzegovina, 13/02 and Official Gazette of Republika Srpska, 31/02) is in conformity with Article II of the Constitution of Bosnia and Herzegovina. The Decision on Amendments regulates the issues related to the judicial system of the Republika Srpska including the establishment of the High Judicial and Prosecutorial Council of the Republika Srpska. Accordingly, those are the issues which fall within the competence of Entities, i.e. the competencies that have not been transferred from the Entities to Bosnia and Herzegovina by the Decision on Amendments. Thus, the amendments to the Constitution of the Republika Srpska on this issue, which were passed by the High Representative while substituting for the National Assembly of Republika Srpska, are not in violation of Article III(3)(a) of the Constitution of Bosnia and Herzegovina.
• Decision on the Merits No. U 56/02 of 30 January 2004, published in the Official Gazette of Bosnia and Herzegovina, 19/04
The Law on State Border Service of Bosnia and Herzegovina is declared consistent with the Constitution of Bosnia and Herzegovina when the High Representative acts as authority of Bosnia and Herzegovina and such a law has the character of domestic law and it must be considered the law of Bosnia and Herzegovina whose consistence with the Constitution of Bosnia and Herzegovina is subject to control by the Constitutional Court based on Article VI(3)(a) of the Constitution of Bosnia and Herzegovina.
• Decision No. U 9/00 of 3 November 2000 published in the Official Gazette of Bosnia and Herzegovina, 1/01
As a part of the effort of the State to facilitate the return of refugees and displaced persons (Article II(5) of the Constitution) and to ensure adequate pricing, the State’s requirement that a person, who was previously only a holder of occupancy right, stay in the apartment for two years prior to being allowed to acquire full ownership of that apartment, shall not represent a violation of the right to non-discrimination (Article II(4) of the Constitution, Article 14 of the European Convention), or the right to property (Article II(3)(k) of the Constitution, Article 1 of Protocol No. 1 to the European Convention.
• Decision No. U 16/00 of 2 February 2001, published in the Official Gazette of Bosnia and Herzegovina, 13/01
The Constitutional Court is not competent to review the powers vested in the High Representative under Annex 10 to the Dayton Peace Agreement or to review the exercise of those powers. However, the Court may review the constitutionality of laws or amendments thereto, proclaimed by the High Representative in the place of the Parliamentary Assembly of Bosnia and Herzegovina.
• Decision No. U 25/00 of 23 March 2001, published in the Official Gazette of Bosnia and Herzegovina, 17/01
The request for review of constitutionality of Article 5, paragraphs 2 and 6, Article 7, paragraph 2, Article 46, paragraph 3, Article 49, paragraph 3 and Article 51, paragraphs 2, 4 and 5 of the Law Establishing the Company for Transmission of Electric Power (Official Gazette of Bosnia and Herzegovina, 35/04) is ill-founded considering the fact that it starts from the position that the contested provisions of the Law Establishing the Company for the Transmission of Electric Power in BiH are not in conformity with the Agreement, whereby the Entities, i.e. the Government of the Federation of Bosnia and Herzegovina and the Republika Srpska, transferred the aforementioned responsibilities to Bosnia and Herzegovina and since the Agreement cannot represent grounds for an examination of the constitutionality of the law and it is undisputable that the Law Establishing the Company for the Transmission of Electric Power in BiH was passed after the Agreement had been reached for the purpose of Article III(5)(b) of the Constitution of Bosnia and Herzegovina.
• Decision on the Merits No. U 17/05 of 26 May 2006, published in the Official Gazette of Bosnia and Herzegovina, 87/06
Taking into account that the name Tomislavgrad has a historical meaning, the name itself is not in violation of the principles determined by the Constitution of Bosnia and Herzegovina. Furthermore, the mere fact that the contested law does not contain explicit provision on non-discrimination does not represent the discrimination itself, as long as the law is not discriminatory itself and as long as it can be applied without discrimination. Therefore, the Law on Change of Name of Inhabited Place Duvno and Municipality Duvno into Tomislavgrad (Official Gazette of SR Bosnia and Herzegovina, 33/90 of 8 November 1990) is not in violation of the Constitution of Bosnia and Herzegovina).
• Decision on Admissibility and Merits No. U 3/04 of 27 May 2005 published in the Official Gazette of Bosnia and Herzegovina, 58/05
Articles 1 and 2 of the Law on the Coat of Arms and Flag of the Federation of Bosnia and Herzegovina (Official Gazette of Federation of Bosnia and Herzegovina, 21/96 and 26/96), and Articles 2 and 3 of the Constitutional Law on the Flag, Coat of Arms and Anthem of the Republika Srpska (Official Gazette of the Republika Srpska, 19/92), Article 2 of the Law on Use of the Flag, Coat of Arms and the Anthem (Official Gazette of Republika Srpska, 4/93) in the part in which it is provided that the flag, coat of arms and anthem of the Republika Srpska “represent statehood of the Republika Srpska” and Article 3 of the Law on Use of the Flag, Coat of Arms and the Anthem (Official Gazette of Republika Srpska, 4/93), in the part that provides that the symbols of the Republika Srpska are used “in accordance with moral norms of the Serb people”, are not in conformity with Article 1(1) and Article 2(a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination referred to in Annex I to the Constitution of Bosnia and Herzegovina. Inter alia, the Constitutional Court concluded that taking into account the principles mentioned above and the principles in the Decision in Case no. U 5/98 on the constituent status of the peoples, as well as the political and temporal context in which the challenged laws of the Federation of BiH and Republika Srpska were passed, the challenged provisions have a discriminatory character and are not in conformity with the constitutional principle of equality of the constituent peoples, citizens and others. The conclusion was also made that it is the legitimate right of the Bosniac and Croat people in the Federation of BiH and the Serb people in the Republika Srpska to preserve their tradition, culture and identity through legislative mechanisms, but an equal right must be given to the Serb people in the Federation of BiH and Bosniac and Croat peoples in Republika Srpska and other citizens of Bosnia and Herzegovina.
• Partial Decision on the Merits No. U 4/04 of 31 March 2006, published in the Official Gazette of Bosnia and Herzegovina, 47/06
Articles 1 and 2 of the Law on the Family Patron-Saints’ Days and Church Holidays (Official Gazette of Republika Srpska, 19/92) are not in conformity with Article II(4) of the Constitution of Bosnia and Herzegovina, in conjunction with Articles 1(1) and (2)(a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination referred to in Annex I to the Constitution of Bosnia and Herzegovina and that Article 1 of the Constitutional Law on the Flag, Coat of Arms and Anthem of Republika Srpska (Official Gazette of Republika Srpska, 19/92) is in conformity with Article II(4) of the Constitution of Bosnia and Herzegovina, in conjunction with Articles 1(1) and (2)(a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination referred to in Annex I to the Constitution of Bosnia and Herzegovina. The Constitutional Court holds that the holidays provided for in the challenged provisions of the law in question only exalt the history, tradition, customs and religious and national identity of the Serbs and that at the same time such values are imposed on the members of other constituent peoples, other citizens and Others on the territory of the Republika Srpska.
• Partial Decision on the Merits U 4/04 of 18 November 2006, published in the Official Gazette of Bosnia and Herzegovina, 24/07
Articles 1 and 2 of the Law on Amendments to the Law on Turnover Tax on Goods and Services (Official Gazette of the Federation of Bosnia and Herzegovina, 39/04) and the provisions of Articles 1 and 2 of the Law on Amendments to the Law on Special Tax on Non-Alcoholic Drinks (Official Gazette of the Federation of Bosnia and Herzegovina, 39/04) are not consistent with Articles I(4), III(3)(b) and III(5)(a) of the Constitution of Bosnia and Herzegovina. By passing the law the Federation of BiH de facto assumed competences that it, according to the Agreement of 5 December 2003, transferred to the State of Bosnia and Herzegovina, which is against Article III(3)(a) of the Constitution of BiH. By adopting the contested laws without the consent of the Governing Board of the Indirect Taxation Administration, the Parliament of the Federation of Bosnia and Herzegovina violated the provision of Article III(5)(a) of the Constitution of Bosnia and Herzegovina since it entered the scope of competences transferred to Bosnia and Herzegovina by the Federation of Bosnia and Herzegovina by means of an agreement.
• Decision on Admissibility and Merits No. U 14/04 of 29 October 2004, published in the Official Gazette of Bosnia and Herzegovina, 23/05
The provision of Article 21, paragraph 3 of the Statute of the City of Sarajevo (Official Gazette of the Sarajevo Canton, 12/98 and 14/98) is not in conformity with the last line of the Preamble of the Constitution of Bosnia and Herzegovina, Article I(2) and Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 5, paragraph 1, item (c) of the Convention on Elimination of All Forms of Racial Discrimination and the Constitutional Court’s Decision on Constituent Status of Peoples No. U 5/98 because the contested provision does not include Serbs as the constituent people but only Bosniacs, Croats and because it does not provide the same guarantees to Serbs as it does to Bosniacs, Croats and Others of having a minimum of 20% of seats in the City Council of the City of Sarajevo irrespective of the election results.
• Decision on Admissibility and Merits No. U 4/05 of 22 April 2005, published in the Official Gazette of Bosnia and Herzegovina, 32/05
All laws of F BiH published in the Official Gazette of the Federation of Bosnia and Herzegovina, 19/03 to 78/04 are passed in conformity with Article II(1) in conjunction with Article II(2) and Article II(4) of the Constitution of Bosnia and Herzegovina. Apart from the conclusion which the applicant himself drew by interpreting the current situation in the House of Peoples in the light of the relevant constitutional provisions relating to the impossibility of protecting the vital national interest of the Serb people in the House of Peoples, the applicant failed to provide any argument in support of the allegation according to which the current number of Serb delegates, in any case or in any proceedings, are deprived of the right to establish the national caucus and to enjoy the rights deriving from, including the right to raise the vital national interest issue. Therefore, the conclusion has to be made that all Federal laws which have been challenged by the applicant are in conformity with the Constitution of BiH.
• Decision on the Merits No. U 5/05 of 27 January 2006, published in the Official Gazette of Bosnia and Herzegovina, 45/06
The Statue of the City of Istočno Sarajevo (Official Gazette of the City of Istočno Sarajevo, 10/00 and 1/02) and the Statute of the City of Banja Luka (Official Gazette of the City of Banja Luka, 4/00) are in conformity with the Constitution of Bosnia and Herzegovina. The failure to stipulate the provisions guaranteeing a minimum of representation of the constituent peoples did not lead to the discrimination against Bosniacs and Croats in their enjoyment of the rights laid down in Article 2, paragraph 1, item (c) and Article 5, paragraph 1 item (c) of the International Convention on the Elimination of All Forms of Racial Discrimination. Namely, Bosniacs and Croats as do Serbs, have the right to vote, to stand for election and the right to participate in elections, the exercise of power being dependent on the election results. The failure to stipulate the provisions guaranteeing a minimum of representation may possibly lead to a situation in which any of the constituent peoples has absolute majority at the level of the Town, which would always depend on the election results.
• Decision on the Merits No. U 7/05 of 2 December 2006, published in the Official Gazette of Bosnia and Herzegovina, 45/06
The Law on Establishment and Mode of Settlement of the Internal Obligations of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 66/04), the Law on Establishment and Mode of Settlement of the Internal Obligations of the Republika Srpska (Official Gazette of the Republika Srpska, 63/04) and the Law on Settlement of Obligations on the Basis of Old Foreign Currency Savings of the Brcko District of Bosnia and Herzegovina (Official Gazette of the Brcko District of Bosnia and Herzegovina, 27/04) are not in conformity with the Article III of the Constitution of Bosnia and Herzegovina. Bosnia and Herzegovina cannot release itself from the obligation to guarantee the respect for the constituted property rights of the holders of foreign currency savings accounts without previously securing sufficient guarantees that this problem will be resolved in an appropriate manner by enacting a legislative framework for resolving the issue of old foreign currency savings in a unified manner for all citizens of Bosnia and Herzegovina in accordance with, inter alia, the standards provided for by Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. U 14/05 of 2 December 2005, published in the Official Gazette of Bosnia and Herzegovina, 2/06
The provisions of Articles 41 and 48 of the Law on Excise Tax and Turnover Tax (Official Gazette of the Republika Srpska, 25/02, 60/03 and 96/03) are not consistent with Article I(4) of the Constitution of Bosnia and Herzegovina. Establishing the system of administrative barriers that impedes access to the market of Bosnia and Herzegovina because it does not create equal conditions for all those who appear on the market, which represents one of important conditions of a single market and is not in line with Article I(4) of the Constitution.
• Decision on the Merits No. U 68/02 of 25 June 2004, published in the Official Gazette of Bosnia and Herzegovina, 38/04
It is hereby established that Articles 6, 7, 9, 43, 71 and 72 of the Law on the Basis of the Public Broadcasting System and on the Public Broadcasting Service of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 29/02) are in conformity with the Constitution of Bosnia and Herzegovina. Bosnia and Herzegovina, operating as a democratic state, is authorized, within the scope of its powers that includes establishment and operation of common and international communications facilities (Article III(1), to establish mechanisms and additional institutions to those anticipated in the Constitution as necessary to carry out its responsibilities, including the Public Broadcast Service of Bosnia and Herzegovina, which, together with the Entity Radio-Television Broadcasters, represents the Public Broadcast System of Bosnia and Herzegovina; as well as a Joint corporation which shall be established by public broadcasters as a separate legal subject to operate the transmission network.
• Decision on Admissibility and Merits No. U 42/03 of 17 December 2004, published in the Official Gazette of Bosnia and Herzegovina, 36/05
Article 3a of the Law on the Cessation of Application of the Law on Abandoned Apartments (Official Gazette of the Federation of Bosnia and Herzegovina, 11/98, 38/98, 12/99, 27/99, 43/99, 31/01, 56/01, 15/02 and 29/03) is consistent with the Constitution of Bosnia and Herzegovina. Both paragraphs of the contested Article 3a, evaluated abstractly, can be said to pursue a legitimate aim and do not interfere with rights in the manner which is arbitrary or which imposes an excessive burden on individuals having regard to the rights and interests of other individuals and the general public interest. Article 3a interferes with the right of certain groups of people to peaceful enjoyment of their possessions, namely occupancy rights over apartments in Bosnia and Herzegovina, but the interference can be justified by the circumstances currently prevailing in Bosnia and Herzegovina and is in accordance with the law and proportionate to the strong and legitimate public interests.
• Decision on Admissibility and Merits No. U 83/03 of 22 September 2004, paragraph 73, published in the Official Gazette of Bosnia and Herzegovina, 60/04
Article 6, paragraph 2, Article 7, paragraph 2 and Article 8 of the Law on Immunity of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 37/03) and Article 6, paragraph 3, Article 7, paragraph 2 and Article 8 of the Law on Immunity of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 19/03) are consistent with the Constitution of Bosnia and Herzegovina. Pursuant to the Law on Immunity of BiH and Law on Immunity of F BiH, individuals may claim immunity before a competent court. An appeal with the Constitutional Court of Bosnia and Herzegovina or a complaint to the Constitutional Court of the Federation of Bosnia and Herzegovina may be lodged against court’s decisions on immunity, which means that the provisions of the stated laws render it possible for the Constitutional Court of Bosnia and Herzegovina and the Constitutional Court of the Federation of Bosnia and Herzegovina to examine the substance of relevant appeal against decisions on immunity. Therefore, the contested provisions of Article 6, paragraph 2 and Article 7, paragraph 2 of the BiH Immunity Law and Article 6, paragraph 3 and Article 7, paragraph 2 of the FBiH Immunity Law are consistent with the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 24/03 of 22 September 2004, paragraphs 44 and 45, published in the Official Gazette of Bosnia and Herzegovina, 5/05
Bosnia and Herzegovina, functioning as a democratic state, was authorized to establish, in the areas under its responsibility, other mechanisms, besides those provided in the Constitution of Bosnia and Herzegovina, and additional institutions that were necessary for the exercise of its responsibilities, including the setting up of a court to strengthen the legal protection of its citizens and to ensure respect for the principles of the European Convention. The Constitutional Court refers in this respect to Article IV(4)(a) of the Constitution of Bosnia and Herzegovina which provides that the Parliamentary Assembly shall have responsibility for enacting legislation as necessary to implement decisions of the Presidency or to carry out the responsibilities of the Assembly under the Constitution of Bosnia and Herzegovina. Although it is not the task of the Constitutional Court to express an opinion on whether it is appropriate to enact a certain law, the Constitutional Court observes that in the context of Bosnia and Herzegovina, the establishment of the Court of Bosnia and Herzegovina can be expected to strengthen the rule of law which is one of the fundamental principles of any well-functioning democracy. The Constitutional Court concludes that the Law on the Court of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 29/00) is not in contravention with the Constitution of Bosnia and Herzegovina.
• Decision No. U 26/01 of 28 September 2001, paragraphs 26 and 27, published in the Official Gazette of Bosnia and Herzegovina, 4/02
Article 11, paragraph 6 of the Law on the Financing of Institutions of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 61/04), in its part reading as follows: If the Budget is not adopted by 31 March, no expenditures shall be approved after that day for any purpose other than paying unsettled debt until the budget is properly adopted, is inconsistent with Article VIII(2) of the Constitution of Bosnia and Herzegovina. The Constitutional Court concludes that the legislator has the authority, to specify a deadline, for the sake of efficient functioning of the state, within which a budget must be adopted, and during which temporary funding may be in place. In addition, measures prescribed by the legislator, in the event the deadline is not observed, must not entirely hinder the discharge of competencies of the state institutions, as that would prove contrary to the goal and spirit of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 1/08 of 25 January 2008, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 27/08
As to the allegations about the incompatibility of Article 4 of the Law on Settlement of Debts Arising from Old Foreign Currency Savings (published in the Official Gazette of Bosnia and Herzegovina, 28/06, 76/06 and 72/07) with the right to property, the Constitutional Court concluded that the said provision, stipulating the write off of the interest, has satisfied the principle of lawfulness, it serves a legitimate aim and maintains a reasonable relationship of “proportionality” between the means employed and the aim sought to be achieved. Therefore, the mentioned provision is in accordance with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention. Finally, the Constitutional Court found that Article 28 of the challenged Law is in accordance with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6, paragraph 1 of the European Convention because by restriction of the right of access to court, which is referred to in the challenged provision, the very essence of the applicants’ property rights was not impaired. In other words, a fair balance has been struck between the legitimate aim and the property rights of the holders of foreign currency savings accounts.
• Decision on Admissibility and Merits No. U 13/06 of 28 March 2008, paragraph, published in the Official Gazette of Bosnia and Herzegovina, 46/08
Articles 22 and 23 of the Law on Settlement of Debts Arising from Old Foreign Currency Savings (Official Gazette of Bosnia and Herzegovina, 28/06, 76/06 and 72/07) are consistent with the Constitution of Bosnia and Herzegovina as the Parliament of Bosnia and Herzegovina has the competence under Article VII of the Constitution of Bosnia and Herzegovina to determine, through the Law on Central Bank, that the Central Bank of Bosnia and Herzegovina has a role of the fiscal agent for Bosnia and Herzegovina with regard to bonds to be issued for the purpose of settling the debts arising from “old foreign currency savings”. Articles 8, 9, 10, 11, 12, 13, 14 and 16 of the Law on Conditions and Manner of Settlement of Debts Arising from Old Foreign Currency Savings by Issuance of Bonds in the Republika Srpska (Official Gazette of Republika Srpska, 1/08) are consistent with the Constitution of Bosnia and Herzegovina The Constitutional Court established that as to the field of protection of human rights and freedoms, including the issue of “repayment of old foreign currency savings”, Bosnia and Herzegovina and Entities are to be held responsible. Therefore, while foreseeing better conditions for repayment of “old foreign currency savings”, the Republika Srpska, did not violate the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 3/08 of 4 October 2008, paragraphs 78 and 79, published in the Official Gazette of Bosnia and Herzegovina, 99/08
The Public Procurement Law of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 49/04, 19/05, 52/05, 8/06, 24/06 and 70/06) is consistent with Article IV(4) of the Constitution of Bosnia and Herzegovina. The Constitutional Court underlines that the responsibilities within the meaning of Article III(3)(a) of the Constitution of BiH include not only the exclusive responsibilities of the Institutions of Bosnia and Herzegovina enumerated in Article III(1) of the Constitution of BiH, as construed by the applicant, but also the responsibilities and powers stipulated in the Constitution of BiH as a whole. Given the authority of the Parliamentary Assembly to enact legislation as necessary to carry out its responsibilities, including the authority to decide upon the sources and amounts of revenues for the operations of the institutions of Bosnia and Herzegovina, the Constitutional Court holds that, in exercising this function, the Parliamentary Assembly is not limited only to deciding upon the sources and amounts of revenues for their operations but its function includes the control over the use of public funds, so that the public funds are used in an efficient, reliable and transparent manner. Given the fact that the challenged law was enacted with the aim of ensuring the fulfillment of the supervision function of the Parliamentary Assembly, the Constitutional Court concluded that it is in conformity with Article IV(4) of the Constitution of BiH.
• Decision on Admissibility and Merits No. U 6/07 of 4 October 2008, published in the Official Gazette of Bosnia and Herzegovina, 91/08
The Law on Statistics of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 26/04 and 42/04) is consistent with Article IV(4) of the Constitution of Bosnia and Herzegovina. The conclusion was made that the Parliamentary Assembly was authorized to pass the challenged law based on Article IV(4)(a) in conjunction with Article V(3)(a) of the Constitution of BiH in order to enforce decisions from the field of external politics which fall within the scope of responsibilities of the Presidency of Bosnia and Herzegovina and are related to the process of acquiring the membership in the Council of Europe and signing the Stabilization and Accession Agreement with the European Union.
• Decision on Admissibility and Merits No. U 9/07 of 4 October 2008, paragraph 21, published in Official Gazette of Bosnia and Herzegovina, 20/09
Determining a general interest for the area of municipality over which it exercises its function as a local self-governance unit, lies exclusively within its jurisdiction when it comes to exercising its constitutional competence in the area of planning and construction. This constitutional right has been upheld also by the Law on Construction Land as well as by the Law on Physical Planning. Pursuant to the said laws and the Law on Expropriation, the municipality shall determine and enforce a general interest through regulation planning documents or town-planning projects. Therefore, the allegations of the applicants that the present case does not concern a general interest but a group interest are, in the opinion of the Constitutional Court, unfounded. The provision of Article 3, paragraph 2, Article 15, paragraph 2 and Articles 47, 48, 49, 50, 51 and 52 of the Expropriation Law of the Republika Srpska (Official Gazette of the Republika Srpska, 112/06 and 37/07) do not violate the constitutional rights to property and therefore are consistent with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. U 15/07 of 4 October 2008, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 99/08
The provision of Article 13(2) of the Law on Court of BiH is consistent with Articles (III)(3)(a) and III(5)(a) of the Constitution of Bosnia and Herzegovina, as the issue of division of the subject matter competence within the domestic legal system, as well as the issue related to the offences that would fall within the subject matter competence of a court within the established judicial scheme, does not raise an issue as to whether the challenged provision is consistent with Articles (III)(3)(a) and III(5)(a) of the Constitution of Bosnia and Herzegovina. Also, in its earlier decision the Constitutional Court has concluded that Bosnia and Herzegovina has jurisdiction to enact the Law on Court of BiH. Also, the Constitutional Court concludes that the challenged provision is consistent with Article III(1)(g) of the Constitution of Bosnia and Herzegovina being that this provision stipulates conditions for full implementation of obligations the state arising under Article III(1)(g) of the Constitution of Bosnia and Herzegovina and under which its institutions have jurisdiction.
• Decision on Admissibility and Merits No. U 16/08 of 28 March 2009, paragraph 46, published in the Official Gazette of Bosnia and Herzegovina, 50/09
The provision of Article 13(2) of the Law on the Court of BiH is consistent with the principle of the rule of law under Article I(2) of the Constitution of Bosnia and Herzegovina and that it does not dispute legal certainty or equality before the law of the individual. Namely, the Constitutional Court concludes that item (a) of this provision allows meeting of the constitutionally stipulated obligation of the state to protect sovereignty, territorial integrity, political independences, national security and international personality of Bosnia and Herzegovina and meeting of these constitutional obligations is one of the requirements of the rule of law in the democratic states. Further, the Constitutional Court concludes that this principle is not disputed in item (b) of the challenged provision, being that it generally stipulates situations in which the Court of BiH shall have jurisdiction under certain conditions. In addition, this provision gives authority but also creates obligation of the Court of BiH when applying this principle, to carefully consider each individual case while complying with the principle of “legal certainty” and “equality before the law” as indivisible element of the principle of the rule of law.
• Decision on Admissibility and Merits No. U 16/08 of 28 March 2009, paragraph 47, published in the Official Gazette of Bosnia and Herzegovina, 50/09
It is considered that the request of Mr. Ivo Miro Jović, at the time Chair of the Presidency of Bosnia and Herzegovina, for review of the constitutionality of Article 1 paragraph 1, Article 2, the last sentence, Article 6 paragraph 3, Article 10 paragraph 4, Article 12 paragraphs 1, 2 and 3, Article 13 paragraph 2 item f) and Article 18 paragraph 2 – the part referring to three public broadcasting services; Article 3, Article 7 paragraph 2, Article 8 paragraph 3, Article 9 paragraph 1, the third and fourth sentence where it is stated that there shall be two TV and two radio stations in the territory of an Entity, Article 12 paragraph 4 and Article 42, paragraphs 1, 2 and 3 and Article 19 paragraph 2 of the Law on Public Broadcasting System of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 78/05) is dismissed since not a single decision proposal received the affirmative vote of at least five judges.
• Decision on Admissibility and Merits No. U 5/06 of 29 May 2009, paragraph 63, published in the Official Gazette of Bosnia and Herzegovina, 66/09
The Constitutional Court of BiH holds that the activities undertaken by the Republika Srpska and aimed at lobbying abroad for its own interest, as well as the formal acts passed by the Republika Srpska as the basis for any such activities, contain nothing that relates to the sole responsibility of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 15/08 of 3 July 2009, paragraph 36, published in the Official Gazette of Bosnia and Herzegovina, 73/09
The Law on the Protection of the Domestic Production under the CEFTA is inconsistent with Article III(3)(b) of the Constitution of Bosnia and Herzegovina.
There is a violation of Article III(3)(b) of the Constitution of Bosnia and Herzegovina in case where the domestic law is not in conformity with the general rule of international law pacta sunt servanda according to which every treaty in force is binding upon the parties to it and must be performed by them in good faith, as well as where it is not in conformity with the provisions of international treaty joined by Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 5/09 of 25 September 2009, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 18/10
Article 16 paragraph 1 of the Law on Conflict of Interest of Governmental Institutions of the Federation of Bosnia and Herzegovina is consistent with Article II(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article 3 of Protocol No. 1 to the European Convention as the stipulated limitations serve a legitimate aim. The legitimate aim being pursued is seeking to ensure that those officials that are elected to the legislature are independent, with a view to promoting the general interest of the community as a whole and preventing the abuse of public duties for personal gain, as the interest of the community in terms of the lawfulness, transparency, objectivity and impartiality of elected officials exercising the important functions has primacy over an individual’s interest to be elected to the legislature, while exercising important functions in public or private enterprises. Article 16 paragraph 1 of the Law on Conflict of Interest of Governmental Institutions of the Federation of Bosnia and Herzegovina is consistent with Article IX(1) of the Constitution of Bosnia and Herzegovina as the mentioned constitutional provision refers to the specific categories of persons whose right to stand for election is thus restricted while, at the same time, the provision does not stipulate any limitation on the right to stand for elections for other categories of persons.
• Decision on Admissibility and Merits No. U 14/09 of 30 January 2010, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 39/10
The Constitutional Court holds that the provisions of Article 9.1 paragraphs 2 and 3, Article 10.1 paragraph 3 and Article 11.1 paragraph 2 of the Election Law are not inconsistent with lines 3, 8 and 9 of the Preamble of the Constitution of Bosnia and Herzegovina and Article I(2) of the Constitution of Bosnia and Herzegovina for failing to provide mechanisms securing proportional representation of constituent peoples of BiH, as per the 1991 census, during direct election by citizens – voters of the representatives to the House of Representatives of BiH, the House of Representatives of the Federation of BiH and the RS National Assembly.
• Decision on Admissibility and Merits No. U 13/09 of 30 January 2010, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 51/10
The request for review of the constitutionality of the provision of Article 5, paragraphs 1, 3, 4 5, 7, 8 and 9 of the Law Establishing the Company for the Transmission of Electric Power in Bosnia and Herzegovina is ill-founded and this provision is not in violation of the Entities’ 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, as the challenged Law was enacted in the public interest. In addition, it is concluded that the provision of Article 5, paragraphs 1, 3, 4 5, 7, 8 and 9 is not disproportionate to “the means employed and the aim sought to be realized”.
• Decision No. U 16/09 of 27 March 2010, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 69/10
Article 6 of the Law on Insurance Agency in Bosnia and Herzegovina is consistent with Article IV(4)(a) of the Constitution of Bosnia and Herzegovina. It is concluded that the Parliamentary Assembly of Bosnia and Herzegovina has the power to adopt the challenged legal provisions on the basis of Article IV(4)(a) of the Constitution of Bosnia and Herzegovina in conjunction with Article III(1)(a) and (b) of the Constitution of Bosnia and Herzegovina, as their aim is harmonisation of the Entities’ legislation in the area of insurance, as well as their harmonisation with the relevant legislation regulating this matter within the European Union, whereby Bosnia and Herzegovina is meeting its obligations undertaken under the Stabilisation and Association Agreement.
• Decision No. U 17/09 of 27 March 2010, published in the Official Gazette of Bosnia and Herzegovina, 41/10
The Constitutional Court considers that the acts and activities taken by one of the Entities may raise an issue as to the existence of a dispute between the Entity and Bosnia and Herzegovina over a matter under the Constitution of Bosnia and Herzegovina, which only the Constitutional Court is competent to resolve. However, in the instant case, the Constitutional Court has concluded that the preparation and submission of the Second Report of the Republika Srpska to the United Nations Security Council on the Situation in Bosnia and Herzegovina, as referred to by the appellant, does not constitute an interference with or assumption of foreign policy, and it is not inconsistent with Articles I(1), III(1)(a), III(1)(b), V(3)(a) and (c) and V(4)(a) of the Constitution of Bosnia and Herzegovina.
• Decision No. U 15/09 of 27 March 2010, published in the Official Gazette of Bosnia and Herzegovina, 84/10
The Constitutional Court holds that the challenged provision of Article 35 of the Law on Salaries and Remunerations in the Institutions of Bosnia and Herzegovina is inconsistent with Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 of Protocol No. 12 to the European Convention, Articles 1, 2 and 11 of the UN Convention on the Elimination of All Forms of Discrimination Against Women as well as Article 26 of the International Covenant on Civil and Political Rights and Article 10 of the International Covenant on Economic, Social and Cultural Rights since it leads to a differential treatment of women employees in the institutions of Bosnia and Herzegovina and the Constitutional Court finds no objective and reasonable justification for such differential treatment. As a result of the aforementioned, the Constitutional Court concludes that the legal grounds for taking the challenged decision of the Council of Ministers ceased to exist as it was adopted on the basis of the challenged provision of the Law on Salaries and Remunerations in the Institutions of Bosnia and Herzegovina.
• Decision No. U 12/09 of 28 May 2010, published in the Official Gazette of Bosnia and Herzegovina, 80/10
The provisions of Article 19.4 paragraphs 1 and 9 of the Election Law and Article 16 of the Statute, which stipulate a lower limit and an upper limit on the number of representatives from each constituent people within the City Council, do not discriminate against the Croat People in the enjoyment of their rights under Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights.
The Constitutional Court grants the applicant’s requests in respect of (a) the allegation that Article 19.2 paragraphs 1 and 3, and Article 19.4 paragraph 1, as a result of which there are widely varying numbers of electors in constituencies based on former city areas in Mostar, violate Article 25.b) of the International Covenant on Civil and Political Rights, and (b) the allegation that Article 19.2, paragraph 1 and Article 19.4, paragraphs 2 to 8 making it impossible for voters in the Central Zone of Mostar to vote for councillors to represent that Zone, in addition to councillors to represent the city-wide constituency, violate Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights.
Article 7 paragraphs 1 and 3, Article 15 paragraph 2, Article 17 paragraph 1, and Article 38 paragraph 1 of the Statute of the City of Mostar, which make it impossible for voters in the Central Zone of Mostar to vote for councillors to represent that Zone, in addition to councillors to represent the city-wide constituency, violate Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights. The Constitutional Court adjourns further proceedings on this part of the request sine die pending the amendment of the Law on Elections of Bosnia and Herzegovina in accordance with this decision. The Constitutional Court orders the Council of the City of Mostar, within three months following the publication of an amended version of the Law on Elections made by the Parliamentary Assembly in the Election Law of BiH and published in the Official Gazette of Bosnia and Herzegovina, to inform the Constitutional Court of the steps the Council will have taken to bring the Statute of the City of Mostar into line with the Constitution of Bosnia and Herzegovina.
The provisions of Article 19.7 of the Election Law, Article VI.C paragraph 7 of the Amendment to the FBiH Constitution and Articles 44 and 45 of the Statute, according to which the citizens of the City of Mostar elect their mayor in a manner which is different from the one in which the citizens of the City of Banja Luka elect their mayor, are consistent with the rights of the citizens of the City of Mostar safeguarded under Article 25.b) of the International Covenant on Civil and Political Rights, and do not discriminate against the citizens of the City of Mostar in the enjoyment of that right contrary to Article II(4) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 9/09 of 26 November 2010 published in the Official Gazette of Bosnia and Herzegovina, 48/11
Articles 9(3) and 20(13)(3) of the Election Law are not consistent with Article I(2) of the Constitution of Bosnia and Herzegovina due to the fact that they contain the names of municipalities in the Republika Srpska which are not in accordance with their names as established by the positive Entity Law on Territorial Organization of the Republika Srpska.
Articles 9(3) and 20(13)(3) of the Election Law are consistent with Articles I(1), I(3), III(1) and III(3)(a) of the Constitution of Bosnia and Herzegovina because those provisions did not determine but only took over the names of individual municipalities from the Entity laws which were in force at the time of the enactment of the challenged law. There has, therefore, been no interference with the Entity constitutional jurisdiction to determine the names of municipalities on its territory.
• Decision on Admissibility and Merits No. U 4/11 of 27 May 2011 published in the Official Gazette of Bosnia and Herzegovina, 63/11
The Constitutional Court concludes that the Law Amending the Law on Service in the Armed Forces of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 74/10), whereby only certain provisions of the Law on Service in Armed Forces of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 88/05, 53/07 and 59/09) are amended with regard to the exceptions applicable to the area of pension and disability insurance, which is governed by the Law on Service in Armed Forces of Bosnia and Herzegovina, is not in contravention of Articles III(1), III(3)(a) and IV(4) of the Constitution of Bosnia and Herzegovina. Also, the Constitutional Court concludes that the allegations of violations of the right guaranteed under Article II(4) of the Constitution of Bosnia and Herzegovina are ill-founded as, in the present case, the applicant has failed to make that discrimination seems probable and, in this regard, there is nothing that could bring the constitutionality of the challenged Law into question in respect of Article III(3)(b) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 5/11 of 27 May 2011 published in the Official Gazette of Bosnia and Herzegovina, 63/11
By passing the Law on Execution of the RS Budget for 2011 and the Decision on Adoption of the RS Budget RS for 2011 the provisions of Articles III(3)(b), III(5)(a) and VIII(3) of the Constitution of Bosnia and Herzegovina have not been violated in the case at hand.
• Decision on Admissibility and Merits No. U 2/11 of 27 May 2011 published in the Official Gazette of Bosnia and Herzegovina, 99/11
The Constitutional Court concludes that Article 5 the Law on Personal Identification Number is not consistent with Article I(2) of the Constitution of Bosnia and Herzegovina due to the fact that it contains the names of municipalities in the Republika Srpska which are not in accordance with their names as established by the positive Entity Law on Territorial Organization of the Republika Srpska, which was passed within the scope of the constitutional competence of the Entity.
The Constitutional Court also concludes that the provisions of Article 5 the Law on Personal Identification Number are consistent with Articles I(1), I(3), III(1) and III(3)(a) of the Constitution of Bosnia and Herzegovina because those provisions did not determine but only took over the names of individual municipalities from the Entity laws which were in force at the time of the enactment of the challenged law. Therefore, there is no interference with the Entity constitutional jurisdiction to determine the names of municipalities on its territory.
• Decision on Admissibility and Merits No. U 3/11 of 27 May 2011 published in the Official Gazette of Bosnia and Herzegovina, 63/11
The provisions of Article 17 and Article 39(1) of the Law on Citizenship are not consistent with Article I(7)(b) and (d) of the Constitution of Bosnia and Herzegovina because those constitutional provisions have not established that the citizens of Bosnia and Herzegovina will be deprived of their citizenship if they hold the citizenship of another state and have not renounced it until the date set by the challenged law, i.e. if Bosnia and Herzegovina has not concluded a bilateral agreement on dual citizenship with that State.
• Decision on Admissibility and Merits No. U 9/11 of 23 September 2011 published in the Official Gazette of Bosnia and Herzegovina, 99/11
The Constitutional Court concludes that the provisions of Article 4(1)(1) and Article 6(1)(3) of the Law Amending the Election Law of the Republika Srpska (Official Gazette of the Republika Srpska, 24/12) are not consistent with Articles I(2) and III(3)(b) of the Constitution of Bosnia and Herzegovina as these provisions have been violating the constitutional principle that the Entities and other administrative units in Bosnia and Herzegovina are obliged to adhere, amongst other things, to the “decisions of the Institutions of Bosnia and Herzegovina”, and in the particular case, to the principles of corresponding provisions of the Election Law of Bosnia and Herzegovina, by which the principle of the rule of law under Article I(2) of the Constitution of Bosnia and Herzegovina has been violated as well.
The Constitutional Court concludes that Articles 3(2)(4) and 11 of the Law Amending the Election Law of the Republika Srpska (Official Gazette of the Republika Srpska, 24/12) are consistent with Articles I(2) and III(3)(b) of the Constitution of Bosnia and Herzegovina since the content of these provisions follows the general principles established by the Election Law of Bosnia and Herzegovina as a “decision of the Institutions of Bosnia and Herzegovina”, which does not bring to doubt the principle of the rule of law.
• Decision on Admissibility and Merits No. U 4/12 of 26 May 2012 published in the Official Gazette of Bosnia and Herzegovina, 63/12
The Constitutional Court concludes that, in exercising the rights under Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 6 of the International Covenant on Economic, Social and Cultural Rights, the persons who acquired the right to personal pension are not discriminated against by Article 7(e) of the challenged Law on Amendments to the Law on Civil Services in the Institutions of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 43/98).
• Decision on Admissibility and Merits No. U 3/12 of 13 July 2012 published in the
Official Gazette of Bosnia and Herzegovina, 37/13
The Constitutional Court of BiH concludes that the Republika Srpska enacted the challenged Law on Status of State Property located in the territory of Republika Srpska and is under the Disposal Ban is contrary to Article I(1), Article III(3)(b) and Article IV(4)(e) of the Constitution of BiH, as the matter falls under the exclusive responsibility of BiH to regulate the issue of property referred to in disputable Article 2 of the challenged Law. For these reasons, the challenged Law is unconstitutional. The whole law cannot remain in effect.
• Decision on Admissibility and Merits No. U 1/11 of 13 July 2012 published in the Official Gazette of Bosnia and Herzegovina, 73/12
The Constitutional Court concludes that the provisions of Articles 4, 7, 10, 11, 40, 45, 46, 56, 62, 71 and 105 of the Law on Survey and Cadastre of the Republika Srpska (Official Gazette of Republika Srpska, 6/12) are in conformity with the right to a fair trial referred to in Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, the right to property referred to in Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, the right to an effective legal remedy referred to in Article 13 of the European Convention, and with the principle of legal certainty referred to in Article I(2) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 5/12 of 28 September 2012 published in the Official Gazette of Bosnia and Herzegovina, 94/12
The Constitutional Court concludes that the Law on Salaries and Other Compensations in Judicial and Prosecutorial Institutions at the Level of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 90/05 and 32/07) is incompatible with the provisions of Articles I(2) of the Constitution of Bosnia and Herzegovina as it violates the principle of independence of the judiciary as the fundamental guarantee of the rule of law.
The Constitutional Court concludes that the Law on Salaries and Other Compensations in Judicial and Prosecutorial Institutions at the Level of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 90/05 and 32/07) is incompatible with the provisions of Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 14 of the European Convention, Article 1 of Protocol No. 12 to the European Convention and Article 26 of the International Covenant on Civil and Political Rights.
• Decision on Admissibility and Merits No. U 7/12 of 30 January 2013 published in the Official Gazette of Bosnia and Herzegovina, 17/13
The Constitutional Court concludes that the provision of Article 18(d)(4) of the Law on Amendments to the Law on the Fundamentals of Social Protection, Protection of Civilian Victims of War and Protection of Families with Children (Official Gazette of the Federation of Bosnia and Herzegovina, 14/09) is in contravention of Article II(2) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 of Protocol No. 12 to the European Convention, as it itself points to a differential treatment of persons with disabilities for which no reasonable and objective justification exists.
• Decision on Admissibility and Merits No. U 9/12 of 30 January 2013 published in the Official Gazette of Bosnia and Herzegovina, 14/13
The Constitutional Court concludes that the challenged Law on Pension and Disability Insurance (Official Gazette of the Federation of Bosnia and Herzegovina, 29/98, 49/00, 32/01, 61/02, 73/05, 59/06, 4/09 and 55/12), in respect of the allegations stated in the request, is consistent with Article I(2), Article II(3)(k) and Article II(4) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 2/13 of 24 May 2013 published in the Official Gazette of Bosnia and Herzegovina, 21/14
The Constitutional Court concludes that the challenged Law on the Rights of Returnees to their Pre-War Place of Permanent Residence in the Republika Srpska and the Brčko District of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 35/14) is not in conformity with Articles III(2)(c) and III(3)(b) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 13/14 of 4 July 2014 published in the Official Gazette of Bosnia and Herzegovina, 62/14
The Constitutional Court concludes that the Decision on Verification of the Accuracy and Authenticity of Data during the Registration of Permanent Residence in the Territory of the Republika Srpska (Official Gazette of the Republika Srpska, 31/14) is in contravention of Article III(3)(b) of the Constitution of Bosnia and Herzegovina, in conjunction with Article I(2) of the Constitution of Bosnia and Herzegovina, since the issue of permanent residence is regulated by the State law, wherefrom it follows that this issue is within the exclusive responsibility of the institutions of Bosnia and Herzegovina, and not of any of the bodies of the entity of the Republika Srpska.
• Decision on Admissibility and Merits No. U 10/14 of 4 July 2014 published in the Official Gazette of Bosnia and Herzegovina, 61/14
The Constitutional Court concludes that Article 3 of the Law on Favorable Early Retirement of War Veterans (Official Gazette of Federation of Bosnia and Herzegovina, 41/13) is in conformity with provisions of Article I(2) and Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention, Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 12 to the European Convention and Article 1 of Protocol No. 12 to the Europan Convention.
• Decision on Admissibility and Merits No. U 17/14 of 24 September 2014 published in the Official Gazette of Bosnia and Herzegovina, 99/14
The Constitutional Court concludes that Article 6(1), items a), b) and e) and Article 13 and Article 16 of the Law on Cemetery and Funeral Services (Official Gazette of Republika Srpska, 31/13 and 6/14) are in conformity with Article II(3)(g), Article II(3) (k), and Article II(3)(e) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 19/14 of 24 September 2014 published in the Official Gazette of Bosnia and Herzegovina, 89/14
The Constitutional Court concludes that the provisions of Article 80(2)(4) (Item 1(2) of the Amendment LXXXIII) and Article 83(4) (item 5 of the Amendment XL as amended by item 4 of the Amendment LXXXIII) of the Constitution of the Republika Srpska, Article IV.B.1, Article 1(2) (amended by the Amendment XLI) and Article IV.B.1, Article 2(1) and (2) (amended by the Amendment XLII) of the Constitution of the Federation of Bosnia and Herzegovina, and Articles 9.13, 9.14, 9.16 and 12.3 of the Election Law are in contravention of Article II(4) of the Constitution of BiH and Article 1 of Protocol No. 12 to the European Convention.
The Constitutional Court concludes that the challenged provisions of Articles 9.15, 12.1 and 12.2 of the Election Law are in conformity with Article II(4) of the Constitution of BiH and Article 1 of Protocol No. 12 to the European Convention.
• Decision on Admissibility and Merits No. U 14/12 of 26 March 2015 published in the Official Gazette of Bosnia and Herzegovina, 38/15
The Constitutional Court concludes that Law on Law on Primary Education and Upbringing of the Republika Srpska (Official Gazette of the Republika Srpska, 74/08 and 71/09); Law on Secondary Education and Upbringing of the Republika Srpska (Official Gazette of the Republika Srpska, 74/08, 106/09 and 104/11); Laws on Primary Education and Upbringing, Laws on Secondary Education and Upbringing of all ten cantons in the Federation of Bosnia and Herzegovina (Unsko-Sanski Canton, Posavina Canton, Tuzla Canton, Zenica-Doboj Canton, Central Bosnia, Herzegovačka-Neretvanski, Western-Herzegovina, Bosnian-Podrinje Canton, Canton Sarajevo, Canton 10, in the context of the Request in question are not in contravention of the provisions of Article II(1), Article II(4) and Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the provisions of Article 2 of Protocol No. 1 to the European Convention and Article 1 of Protocol No. 12 to the European Convention.
• Decision on Admissibility and Merits No. U 26/13 of 26 March 2015 published in the Official Gazette of Bosnia and Herzegovina, 33/15
The Constitutional Court concludes that prescribing a mandatory collective management of copyrights and related rights in specific cases in the challenged Law on Collective Management of Copyright and Related Rights (Article 4), legal basis for the collective rights management (Article 9(1)) and presumption of collective management of rights (Article 18(1)), does not constitute such a restriction of copyrights and related rights as to be contrary to the right to property under Article II(3)(k) and Article 1 of Protocol No. 1 to the European Convention. Also, the Constitutional Court concludes that the implicit request to the authors in the challenged Law to enter into a contract in order to become members of a collective organization and, among other things, to participate in the distribution of funds, is not a measure that is disproportionate to the legitimate goal sought to be achieved, which is the reason why there is no discrimination under Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention and in conjunction with Article 1 of Protocol No. 1 to the European Convention.
The Constitutional Court concludes that prescribing the monopoly position of a collective organization for managing copyrights and related rights in the challenged Law has a legitimate goal – the effective exercise of rights and the protection of an author and a user, and that such a solution is proportionate to the goal sought to be achieved. The reason particularly being that reasonable oversight mechanisms of the work of a collective organization were secured and measures prescribed for preventing the abuse of the monopoly position. In addition, the challenged Law carries nothing suggesting that such a solution, limiting the number of collective organizations for the collective management of the same type of rights on the same type of works, constitutes a restriction on the freedom of assembly, and especially not such a restriction that would go against Article 11(2) of the European Convention, or Article II(3)(i) of the Constitution of Bosnia and Herzegovina. In view of this conclusion, the Constitutional Court holds that there is no likelihood of discrimination in this case, thus it did not consider separately the respective allegations.
• Decision on Admissibility and Merits No. U 18/14 of 9 July 2015 published in the Official Gazette of Bosnia and Herzegovina, 71/15
The Constitutional Court concludes that the provisions of Articles 22(3)(a) and 24(2) of the Competition Act are not inconsistent with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 1 Protocol No. 12 to the European Convention, as the members of Others and/or citizens are neither limited nor prevented from being appointed as members of the Competition Council under equal conditions as members of the constituent peoples, and they are neither limited nor prevented from voting on decisions of the Competition Council under equal conditions as members of the constituent peoples.
• Decision on Admissibility and Merits No. U 25/14 of 9 July 2015 published in the Official Gazette of Bosnia and Herzegovina, 72/15
The Constitutional Court concludes that Articles 7(2) and 11(4) of the Law on the System of State Aid in Bosnia and Herzegovina are not inconsistent with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 12 to the European Convention, because the members of Others and/or citizens were neither thwarted in getting appointed as members of the Council under equal conditions as members of the constituent peoples, nor were they thwarted in voting for the decisions of the Council under equal conditions as members of the constituent peoples. The Constitutional Court concludes that the Parliamentary Assembly of BiH, by prescribing a combined funding model for the Council (State and Entities), did not act inconsistent with the provision of Article III(1)(e) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 26/14 of 9 July 2015 published in the Official Gazette of Bosnia and Herzegovina, 72/15
