The loss of the priority right to annex a part of the premises in common use cannot be considered as a violation of the right to property for reasons provided for by the law.
• Decision No. U 3/01 of 31 August 2001, published in the Official Gazette of Bosnia and Herzegovina, 5/02
There was no arbitrary application of the law in the proceedings of determination of validity of the contract on the purchase of the apartment after the death of the occupancy right holder and before the public attorney’s office certified the contract and the claim was dismissed, therefore a conclusion was made that there was no violation of the right to property.
• Decision on Admissibility and Merits No. AP 83/02 of 23 July 2004, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 43/04; the validity of a contract of purchase of an apartment over which there is occupancy right after the death of the occupancy right holder before the Attorney’s Office certified the contract
There was no interference with the appellant’s right to enjoyment of property since the challenged rulings did not provide a solution different from that offered in the judgment on enforcement concerning the appellant’s right for the debtor to pay her a certain amount of money.
• Decision on Admissibility and Merits, No. AP 115/04 of 23 March 2005, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 30/05
In the present case, the Constitutional Court concluded that selective confiscation of the real property (in respect of which the appellant’s property right was made subject to certain restrictions) constituted the interference with the right to the peaceful enjoyment of the appellant’s real property, which were not expropriated.
• Decision on the Merits No. AP 528/04 of 13 October 2005, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 17/06; administrative proceedings, request for full expropriation in the case where the partial expropriation amounts to the impossibility of normal use of the remaining part of the property; the violation of Article 1 of Protocol No. 1 and Article II(3)(k) of the Constitution of Bosnia and Herzegovina established
The courts ascertained that the appellant had been the last possessor and that the defendant had performed an act of interference with the possession, yet they dismissed the appellant’s request for the repossession. Such a conduct constitutes an arbitrary and erroneous application of the law and a violation of the appellant’s right to property protected by the principle of legality under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, which stipulates clearly that “no one shall be deprived of their possessions except in the public interest and subject to the conditions provided for by law”.
• Decision on Admissibility and Merits No. AP 148/05 of 29 September 2006, paragraph 44, published in the Official Gazette of Bosnia and Herzegovina, 9/07
In the appellants’ case, the competent municipal body and the CRPC, as part of their positive obligation to implement effective measures aiming at protecting the right to the peaceful enjoyment of property, conducted the proceedings and established that the plot in question, within the meaning of Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, constitutes the appellants’ property which, in accordance with the applicable property laws, must be repossessed by them. However, the Constitutional Court concludes that the declarative adoption of the aforementioned decisions without their enforcement and the repossession of property constitutes the interference with the appellant’s right to the peaceful enjoyment of property. It is obvious that the Municipality of Sanski Most did not take measures in a timely fashion in order to enforce decisions to restore the possession of the property to the appellants, and thus to discontinue the violations of the appellants’ right to the peaceful enjoyment of property.
• Decision on Admissibility and Merits No. AP 1471/06 of 13 May 2008, paragraph 65, published in the Official Gazette of Bosnia and Herzegovina, 70/08
