The Constitutional Court may not give its opinion about an issue referred to it by a lower court if that issue does not fall within the scope of Article VI(3)(c) of the Constitution of Bosnia and Herzegovina, even if it raises issues under the Constitution of Bosnia and Herzegovina.
• Ruling No. U 10/01 of 4 May 2001
Article 54 of the Law on Amendments to the Labour Law (Official Gazette of the Federation of Bosnia and Herzegovina, 32/00) is in conformity with the Constitution of Bosnia and Herzegovina. The considerable reduction of the severance pay in case when the laid-off employees are dismissed shall not represent a violation of the right to a peaceful enjoyment of the possessions or the right not to be discriminated against if the legislator was constrained to do so due to extreme economic conditions.
• Decision No. U 26/00 of 21 December 2001, published in the Official Gazette of Bosnia and Herzegovina, 8/02
Article 20 of the Law on Housing Relations – Amended Text (Official Gazette of the SR Bosnia and Herzegovina, 14/84, 12/87 and 36/89 and Official Gazette of the Republika Srpska, 19/93 and 22/93) is in conformity with Article II(3)(f) and (k) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. This provision regulates the occupancy right over the apartment after divorce.
• Decision No. U 55/02 of 26 September 2003 published in the Official Gazette of Bosnia and Herzegovina, 3/04
Article 37 of the Law on Amendments to the Law on Insurance of Property and Persons of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 6/98) is not compatible with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. It is a fact that the legislator – in the instant case, the Parliament of the Federation of Bosnia and Herzegovina – failed to advance arguments that would justify the adoption of Article 37 that obviously encroached upon individual property rights for it is stipulated that: “No interest shall be computed on the amounts of loss compensation (principal amount) prescribed by an executive order (court decision and court settlement) and out-of-court settlement for the period of imminent threat of war in Bosnia and Herzegovina.” Given the fact that there was no legitimate aim that would justify interference, the violation of the right to property is established.
• Decision on Merits No. U 50/01 of 30 January 2004 published in the Official Gazette of Bosnia and Herzegovina, 24/04
The Constitutional Court concluded that Articles from 152 to 157 of the Law on Minor Offences violating Federation Regulations (Official Gazette of the Federation of Bosnia and Herzegovina, 9/96 and 29/00) are inconsistent with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention since they only provide for a formal possibility of using an extraordinary remedy - a request for the judicial protection. However, these provisions do not provide for the effective court proceedings to be conducted as regards this remedy. Thus, there is an infringement of the principle of legal certainty and the right of access to court, as one of the basic rights under Article 6(1) of the European Convention, has been denied as well given that in the proceeding conducted in accordance with the challenged law “the determination of criminal charges” is made possible only after submitting the request for judicial protection within the meaning of Article 6(1) of the European Convention.
• Decision on Admissibility and Merits No. U 17/06 of 29 September 2006 published in the Official Gazette of Bosnia and Herzegovina, 14/07
The Constitutional Court concludes that the provisions of Articles 137.a and 137.b of the Law Amending the Law on Enforcement Proceedings are not compatible with the provisions of Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention. Namely, as to the institutions which are entirely or partially funded from the budgeted resources, if it occurs that their funds are subject to enforcement on the basis of legally binding court decision, they may seek that all monetary funds at their disposal be exempted from the enforcement, claiming that those funds are used for the performance of the activity in public interest and ensuring the exercise of the rights under Article 79a of the Law on Enforcement Proceedings. In that case the competent courts have no clear criteria on the basis of which they could reliably establish the facts as to whether those funds are really used by the mentioned institution for the performance of the activity in public interest and ensuring the exercise of rights under Article 79a of the Law on Enforcement Proceedings, whereby, in the case at hand, the enforcement proceeding on the basis of the legally binding court decision has become an ineffective legal remedy. In this manner, according to the opinion of the Constitutional Court, the essence of the right under Article 6(1) of the European Convention was brought into question as regards the creditors possessing legally binding court decision against the mentioned institutions. In other words, the creditors have been deprived of their right to forcible enforcement of the legally binding court decision, which, indisputably, constitutes a part and essence of the mentioned article of the European Convention.
• Decision on Admissibility and Merits No. U 5/10 of 26 November 2010 published in the Official Gazette of Bosnia and Herzegovina, 37/11; as for filing the request within the meaning of Article VI(3)(c) of the Constitution of BiH, the Judge of the Panel of an ordinary court is in charge of the relevant case (according to the previous case-law, it was unclear whether such request should be filed solely by president of an ordinary court
Review of constitutionality of Article 2, 7 and 24 of the Law on Personal Income Tax of Federation of BiH. The Constitutional Court concludes that given the complex constitutional organization in Bosnia and Herzegovina and division of competencies, the field of direct taxes is within the competence of Entities and Brčko District of BiH and that competent legislator has a wide margin of appreciation in selecting a tax system and tax instruments required for the achievement of goals of its tax policy. Moreover, the Constitutional Court concluded that by definition of terms “resident” and “non-resident” in the challenged law the citizens of Bosnia and Herzegovina are not discriminated against and it follows that the provisions of Article 2, Article 7 and Article 24 of the challenged Law are not in contravention of Article I(7), Article II(1), Article II(2), Article II(3)(e) (k)(m), Article II(4) and Article II(6) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with Article 6 of the European Convention and Article 1 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 17/11 of 30 March 2012 published in the Official Gazette of Bosnia and Herzegovina, 36/12
The Constitutional Court concludes that the provision of Article 39e paragraphs 3 and 4 of the Law on Sale of Apartments with Occupancy Right in part relating to the determination of compensation is not in conformity with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention as it does not strike a fair balance between the interests of the right holders and public interest for the reason that the right holders have to bear a particular and excessive burden. Furthermore, the Constitutional Court concludes that the provision of Article 39a of the Law on Sale of Apartments with Occupancy Right is in conformity with Article II(3)(k) the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention as this provision of the law strikes a fair balance between the interests of the right holders and the public interest.
• Decision on Admissibility and Merits No. U 15/11 of 30 March 2012 published in the Official Gazette of Bosnia and Herzegovina, 37/12
The Constitutional Court concludes that the Civil Procedure Code before the Court of BiH (Official Gazette of Bosnia and Herzegovina nos. 36/04 and 84/07) is not compatible with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention. The fact that the Law at issue does not provide for the provision on the “necessary” transfer of jurisdiction of the Court of Bosnia and Herzegovina constitutes a legal gap amounting to the violation of the right to a fair trial.
• Decision on Admissibility and Merits No. U 6/12 of 13 July 2012 published in the Official Gazette of Bosnia and Herzegovina, 75/12
The Constitutional Court concludes that the Law on the Implementation of Annex “G” of the Agreement on Succession Issues in the Territory of the Republika Srpska is not in compliance with the provisions of Article III(1)(e), Article III(3)(b), Article IV(4)(b) and Article V(4)(a) of the Constitution of Bosnia and Herzegovina.
In accordance with the established standards and norms of international law as well as the Succession Agreement and the relevant Annexes thereto, the competent authorities in Bosnia and Herzegovina including regular courts may use those instruments which, depending on the conduct of other States parties to the Succession Agreement, will effectively protect the acquired rights or secure the exercise of the rights which are the subject of the Succession Agreement and Annexes thereto. This involves an active role and necessary coordination and/or subordination in accordance with the distribution of responsibilities among the authorities and institutions in Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 16/11 of 13 July 2012 published in the Official Gazette of Bosnia and Herzegovina, 105/12
The Constitutional Court concludes that the provision of Article 4 of the Law on the Court Fees is in contravention of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, because rendering it impossible for a court to conduct a proceeding, if no court fee has been paid beforehand on a submission, including a lawsuit, does not constitute an instrument which is reasonably proportional to the achievement of a legitimate goal, as that completely restricts the right of access to court and a possibility to conduct such a court proceeding, which can lead to irreparable detrimental consequences for a party to the proceeding, which is contrary to the very essence of the right to a fair trial under Article 6(1) of the European Convention. The Constitutional Court concludes that the provision of Article 384 of the Law on Civil Procedure is in conformity with the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, since that provision does not thwart the conduct of a proceeding, rather it prescribes a general principle in relation to the costs of a civil procedure.
• Decision on Admissibility and Merits No. U 8/12 of 23 November 2012 published in the Official Gazette of Bosnia and Herzegovina, 10/13
The Constitutional Court of Bosnia and Herzegovina concludes that the provisions of Articles 86(1) and (2) and 88 of the Law on Protection and Rescue of People and Material Goods in Case of Natural or other Disasters (Official Gazette of the Federation of Bosnia and Herzegovina, 39/03, 22/06 and 43/10) are compatible with the provisions of Articles 1, 2 and 42 of the Law on Demining in Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 5/02).
• Decision on Admissibility and Merits No. U 5/13 of 5 July 2013 published in the Official Gazette of Bosnia and Herzegovina, 62/13
The Constitutional Court concludes that the request for review of the compatibility of Article 3 of the Law on Amendments with the laws of Bosnia and Herzegovina, or concerning the existence of or the scope of general rules of public international law, or with the European Convention is ill-founded.
• Decision on Admissibility and Merits No. U 12/13 of 5 July 2013 published in the Official Gazette of Bosnia and Herzegovina, 62/13
The Constitutional Court concludes that Article 8 of the Law on Exercising the Right to Old Age Pension by Professional Military Personnel (Official Gazette of Republika Srpska, 26/13) is not in contravention of Articles II(1), II(4), III(3)(b) and III(5)(a) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. U 25/13 of 23 January 2014 published in the Official Gazette of Bosnia and Herzegovina, 11/14
The Constitutional Court of Bosnia and Herzegovina 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), in respect of the allegations in the request of the Court of Bosnia and Herzegovina, Judge Mediha Pašić, is incompatible with the provisions of Article I(2) of the Constitution of Bosnia and Herzegovina, for violating the principle of judicial independence as a fundamental guarantee of the rule of law.
The Constitutional Court of Bosnia and Herzegovina 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), in respect of the allegations in the request of the Court of Bosnia and Herzegovina, Judge Mediha Pašić, 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 for the Protection of Human Rights and Fundamental Freedoms, Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 26 of the International Covenant on Civil and Political Rights.
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), in respect of the allegations in the request of the Court of Bosnia and Herzegovina, Judge Halil Lagumdžija, is compatible with the provisions of Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 26 of the International Covenant on Civil and Political Rights.
• Decision on Admissibility and Merits No. U 29/13 of 28 March 2014 published in the Official Gazette of Bosnia and Herzegovina, 40/14
The Constitutional Court concludes that the provision of Article 4 of the Law on the Court Fees and Tariff is in contravention of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, because rendering it impossible for a court to conduct proceeding, if no court fee has been paid beforehand on a submission, including a lawsuit, does not constitute an instrument which is reasonably proportional to the achievement of a legitimate goal, as that completely restricts the right of access to a court and a possibility to conduct such a court proceeding, which can lead to irreparable detrimental consequences for a party to the proceeding, which is contrary to the very essence of the right to a fair trial under Article 6(1) of the European Convention.
• Decision on Admissibility and Merits No. U 16/14 of 24 September 2014 published in the Official Gazette of Bosnia and Herzegovina, 99/14
The Constitutional Court concludes that the provisions of Article 330 (1)(b) of the Criminal Procedure Code of the Federation of Bosnia and Herzegovina are in conformity with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention because giving the authorities to the court of the appeal, in the procedure of exhaustion of the relevant legal remedy, to remit the case to the court of first instance with instruction to remove the noticed deficiencies does not constitute a violation of the principle of impartiality and independence within the meaning of the right to a fair trial.
• Decision on Admissibility and Merits No. U 22/14 of 4 December 2014 published in the Official Gazette of Bosnia and Herzegovina, 101/14
The Constitutional Court concludes that Article 11 of the Law on Salaries and Other Remunerations in Judicial and Prosecutorial Institutions at the Level of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 90/05 and 32/07), which prescribes the right to retirement severance pay of judges and prosecutors in the amount of one basic salary, is consistent with the provisions of Articles I(2) and II(4) of the Constitution of Bosnia and Herzegovina, 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 20/14 of 26 March 2015 published in the Official Gazette of Bosnia and Herzegovina, 48/15
The Constitutional Court concludes that Article 17(4) of the Law on Enforcement Procedure (Official Gazette of the Federation of Bosnia and Herzegovina, 32/03, 52/03, 33/06, 39/09 and 35/12) is in conformity with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention as the mentioned provision is not aimed at procrastination of the enforcement procedure. To the contrary, it is aimed at forcing the judgment debtor to fulfil his obligation as soon as possible.
• Decision on Admissibility and Merits No. U 4/15 of 30 September 2015 published in the Official Gazette of Bosnia and Herzegovina, 83/15
The Constitutional Court concludes that the provision of Article 119(3) of the Law on Police Officials of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, 27/04, 63/04, 5/06, 33/06 58/06, 15/087, 63/08, 35/09 and 7/02), stipulating that the employment of a police official shall be terminated, inter alia, after he/she has completed 40 years of contributions to the pension fund, irrespective of his/her age, is not incompatible with Article II(4) of the Constitution of Bosnia and Herzegovina, i.e. that it does not have a discriminatory effect on the police officials of Bosnia and Herzegovina residing in the territory of the Republika Srpska.
• Decision on Admissibility and Merits No. U 9/15 of 6 April 2016 published in the Official Gazette of Bosnia and Herzegovina, 34/16
The Constitutional Court concludes that Article 97(1) of the RS Law on Enforcement Procedure is compatible with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention as the mentioned provision, in itself, does not generate a disproportionate relationship between the enforcement debtor’s rights and the public interest to secure by the pledged real property the claim which the enforcement creditor has against the enforcement debtor.
• Decision on Admissibility and Merits No. U 3/16 of 1 December 2016 published in the Official Gazette of Bosnia and Herzegovina, 1/17
The Constitutional Court concludes that Article 1 of the Law on Amendments to the Law on Enforcement Procedures is in contravention of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention as it stipulates that the real property may be sold at the third hearing foreclosure without limits as to the lowest price in comparison to the determined value, exclusively with the consent obtained beforehand from the executive body (Tax Administration) or, if the Tax Administration denies its consent, it shall offer the court the realistic appraisal of the value at which the real property may be sold at that foreclosure hearing and, in this way, the principle of an independent tribunal as an inseparable part of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention is violated.
• Decision on Admissibility and Merits No. U 20/16 of 30 March 2017 published in the Official Gazette of Bosnia and Herzegovina, 35/17
The Constitutional Court of Bosnia and Herzegovina concludes that Article 93(4) of the RS Law on Enforcement Procedure is contrary to the right to a fair trial under Article II(3)(e) and Article 6(1) of the European Convention as it provides that the ruling shall be considered as delivered to all the persons to whom it is to be delivered in accordance with the law upon the expiry of the third day from the date on which it was posted on the notice board, but it does not provide for other elements which would render the time of publication on the notice board certain in order to secure procedural guarantees to the parties interested in filing a legal remedy prescribed by the law.
• Decision on Admissibility and Merits No. U 2/17 of 1 June 2017 published in the Official Gazette of Bosnia and Herzegovina, 43/17
The Constitutional Court concludes that that the provision of Article 109(6) of the RS Law on Enforcement Procedure is contrary to the guarantees of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, since it prescribes that after three days have elapsed following the posting on the bulletin board, the ruling on settlement shall be deemed to have been delivered to all the persons who are entitled to settlement out of the sale price, without carrying the elements making the time for posting on a bulletin board certain in order to secure procedural guarantees to the persons interested in lodging a legal remedy prescribed by law.
• Decision on Admissibility and Merits No. U 7/17 of 30 November 2017 published in the Official Gazette of Bosnia and Herzegovina, 90/17
The Constitutional Court of Bosnia and Herzegovina concludes that Article 201(4) of the Labour Law of the Republika Srpska is compatible with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, as the provision itself is not unclear and the limitations imposed by that provision are not unreasonable in the context of the exercise of the very essence of the right of access to a court and do not impose an excessive burden on employees but serve the aims of legal certainty and the proper administration of justice.
• Decision on Admissibility and Merits No. U 11/17 of 15 February 2018 published in the Official Gazette of Bosnia and Herzegovina, 17/18
The Constitutional Court concludes that the provisions of Article 182, Article 208(2) and Article 433(1) of the Civil Procedure Code are compatible with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, as the impugned provisions are not in contravention of the fundamental procedural guarantees afforded by the right to a fair trial and, in particular, by the right of access to a court, as an element of the right to a fair trial, since the limitations imposed on the parties to civil proceedings by those provisions are neither unreasonable nor excessive. In addition, the Constitutional Court concludes that the provisions of Article 182, Article208(2) and Article 433(1) of the Civil Procedure Code are compatible with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in connection with the right to a fair trial, as the applicant, apart from his allegations, failed to offer any argument that would lead to a clear conclusion that the parties to civil proceedings are discriminated against based on the impugned provisions. Finally, the Constitutional Court concludes that the provisions of Article 182, Article 208(2)and Article 433(1) of the Civil Procedure Code are compatible with Article II(3)(h) of the Constitution of Bosnia and Herzegovina and Article 10 of the European Convention, given the fact that the freedom of expression and the protection afforded by Article 10 of the European Convention cannot be associated with the specific procedural requirements contained in the Civil Procedure Code, which are prescribed with a view to satisfying certain principles, such as the efficiency of proceedings and reasonable length of proceedings.
• Decision on Admissibility and Merits No. U 1/18 of 15 February 2018 published in the Official Gazette of Bosnia and Herzegovina, 17/18
The Constitutional Court concludes that the provisions of Article 329(1)(b) of the Criminal Procedure Code of the Republika Srpska and Article 3 of the Law on Amendments to the Criminal Procedure Code of the Republika Srpska are in conformity with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the reason that conferring the authority to appellate court in order to, in the procedure after the legal remedy has been exhausted and after the first instance decision has been quashed due to erroneously and incompletely established facts, remit the case to the first instance court with instructions how to remove noticed deficiencies, does not constitute a violation of the principle of impartiality and independence of the court, or violation of the right to equality of arms in the proceeding or the right to a fair trial within reasonable time, i.e. the right to a fair trial in general.
• Decision on Admissibility and Merits No. U 18/18 of 29 November 2018 published in the Official Gazette of Bosnia and Herzegovina, 94/18
The Constitutional Court concludes that the contested Article 52 of the Law on Higher Education of the Tuzla Canton, which prescribes that the appointment of the rector of the university by the senate depends on the prior consent to be given to the senate by the governing board and possibility for the governing board to appoint rector in some cases, is not compatible with Article 18 of the Framework Law, which stipulates that the university rector shall be appointed by the senate as the highest academic body. Also, Article 6 of the Law Amending the Law on Higher Education of the Tuzla Canton, which prescribes the mandate of provisional bodies of all governing and managing bodies, is not compatible with Articles 1 and 2 of the Framework Law, which does not provide for such a possibility.
• Decision on Admissibility and Merits No. U 22/18 of 5 July 2019 published in the Official Gazette of Bosnia and Herzegovina, 53/19
