The Constitutional Court of the F BiH is “the court in Bosnia and Herzegovina” within the meaning of Article VI(3) of the Constitution of Bosnia and Herzegovina. It is not inconsistent with the Constitution of BiH, if the Constitutional Court of the F BiH interprets the relevant provisions of the Constitution of the F BiH in a manner as to determine that the term of office of the judges commences from the day when the first court session is held. In addition, it is not inconsistent with the European Convention or Constitution of BiH if the Constitutional Court of the FBiH finds that the names of government bodies and units defined in the Constitution of the Herzegovina- Neretva Canton, which are different from those defined in the Constitution of FBiH are inconsistent with the Constitution of FBiH.
• Decision No. U 39/00 of 4 May 2001, published in the Official Gazette of Bosnia and Herzegovina, 24/01
Even though the appellant could have presented the evidence before the administrative bodies and the courts with the aim of establishing the facts decisive for adoption of decision, the administrative bodies and the Supreme Court have failed to pay particular attention to the evidence proving that the appellant had lived at the residence address of the apartment in dispute until 1992 and that, due to the war conflict in Bosnia and Herzegovina, he abandoned the mentioned apartment. This caused the violation of Article II(5) of the Constitution of Bosnia and Herzegovina. It follows that there was no sufficient protection provided by the courts or administrative bodies in relation to the appellant’s right to return to the place he considers as his home.
• Decision on Admissibility and Merits No. AP 2275/05 of 26 January 2007, paragraph 42, published in the Official Gazette of Bosnia and Herzegovina, 55/07; a violation of the appellant’s right to return to his home referred to under Article II(5) of the Constitution of Bosnia and Herzegovina established
