The ruling alone ordering the user to leave a part of the respective real property and the adoption of the conclusion allowing the enforcement of the aforementioned ruling is not enough to conclude that the state fulfilled its positive obligation through its authorities and protected the appellant’s right to the peaceful enjoyment of property, since the failure of the authority to conclude the administrative enforcement procedure constitutes a violation of the positive obligations of the State under Article 1 of Protocol No. 1 to the European Convention (see ECtHR, Scollo v. Italy, judgment of 28 September 1995, Series A, no. 315-C, p. 54, paragraph 40, and the Decision of the Constitutional Court no. AP 3255/06 of 5 April 2007).
• Decision on Admissibility and Merits No. AP 2498/07 of 13 December 2007, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 12/08; administrative procedure, the repossession of property; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of Bosnia and Herzegovina established
Taking into account the appellants’ allegations on the circumstances under which their house had been torn down as well as evidence that the appellants proposed in relation to the aforementioned (it should be added that the event had taken place during the war and that the appellants were the members of the minority people in that area), the Constitutional Court deemed that the investigation related to this event was necessary in order to protect the appellants’ property. Since the investigation had not been carried out (the police station in the vicinity of which the event had taken place did not even have it registered in its records), the Constitutional Court deemed that the Republika Srpska failed to fulfill its positive obligation which amounted to the violation of the appellants’ 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.
• Decision on Admissibility and Merits No. AP 2763/09 of 22 March 2013, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 21/14; the compensation for damage for the property destroyed during the war; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of Bosnia and Herzegovina established
