As regards the aforementioned principles in relation to the circumstances of the particular case, the Constitutional Court considers that the ruling of the Cantonal Court (the decision upon lawsuit in the administrative not taken within reasonable time) did not bring into question the appellant’s right of access to educational institutions which existed at the relevant time. In the circumstances of the case at hand, deciding on the appellant’s statement of claims could have been of influence, in the case of positive outcome, only with respect to securing yet another opportunity (retaking of a makeup exam) to attempt to meet the legally prescribed requirements (passing marks for all teaching subjects) for the acquisition of the right to get to the next grade, but was of no influence whatsoever on the continuation of her education in the General Program Secondary School that she attended, given the fact that she could have attended the same grade again. Therefore, the decision in the particular administrative dispute could have affected only that the appellant, during a particular school year, passes all the exams of that year but could not have brought into question the appellant’s schooling in the particular educational institution. Consequently, the Constitutional Court holds that the appellant was not deprived of the right of access to the educational institution she had chosen, or the right to acquire, according to the rules in force, the official recognition for the education she completed.
• Decision on Merits No. AP 1455/08 of 9 March 2011, paragraph 49, published in the Official Gazette of Bosnia and Herzegovina, 48/11
