If the court fails to adopt a decision on merits within the time limit of five days without providing any sort of justification, a violation of the appellant’s right to a decision adopted by a court within a reasonable time shall occur (Article 6, paragraph 1 of the European Convention in conjunction with Article II(2) of the Constitution) even if the proceedings were suspended in accordance with the government’s order.
• Decision on Admissibility and Merits No. U 23/00 of 2 and 3 February 2001, published in the Official Gazette of Bosnia and Herzegovina, 10/01; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
Bearing in mind all details of the present case and difficulties that the ordinary courts encounter in terms of a great number of cases, as well as considering the fact that the administrative body failed to communicate its opinion on the length of the proceedings, the Constitutional Court concluded that the mentioned difficulties were not of such nature as to deprive the appellant of the right to a court decision within “a reasonable time”. Therefore, the Constitutional Court found a violation of Article 6, paragraph 1 of the European Convention regarding decision-making within a reasonable time.
• Decision on Admissibility and Merits No. AP 45/02 of 30 June 2004, paragraph 72, published in the Official Gazette of Bosnia and Herzegovina, 41/04; transfer of the occupancy right from a grandfather to a grandson; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The Constitutional Court concludes that there is a violation of the appellants’ 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 and 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.
The Constitutional Court concludes that, in the specific cases, the competent authorities, by failing to take the necessary measures over a long period of time to enforce the final judgments, denied any beneficial effect of the constitutional right to a fair trial and prevented the appellants from getting the money they were entitled to on the basis of the final judgments. The aforementioned failure to take the necessary measures also led to a disproportionate interference with the appellants’ constitutional right to peaceful enjoyment of property.
The Constitutional Court emphasizes that the purpose of this decision is not to place the appellants in a privileged position compared to other holders of final judicial decisions payable from the budget, who are in the same legal situation and failed to apply to the Constitutional Court, since this would be contrary to the purpose of protecting human rights by implementing the general policy of preventive measures and by establishing the general mechanisms, which eliminate established violations of human rights and fundamental freedoms, and it would also lead to additional violations of human rights by disrupting the plan and system of settling the established claims.
The Constitutional Court concludes that it is necessary for the competent authorities of the Sarajevo Canton to fully assume their role of establishing an appropriate mechanism that enables all holders of final judicial decisions burdening the budget of the Sarajevo Canton to collect the claims awarded to them, since it would be purposeless for the Constitutional Court to continue deciding new individual cases of this kind and ordering the competent authorities of the Sarajevo Canton to act urgently in these cases, since it would create their obligation to act beyond the plans for resolution of the cases, would generate new proceedings before the Constitutional Court and, in general, would not lead to the effective protection of human rights, that is, would not eliminate the consequences of the violations.
• Decision on Admissibility and Merits No. AP 5559/17 of 12 March 2019, paragraphs 72 to 75, enforcement of judicial decisions payable from the budget, a violation of Article 6 of the European Convention and Article II(3)(e) the Constitution of BiH and Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention established – the Sarajevo Canton
• Decision on Admissibility and Merits No. AP 2882/17 of 12 March 2019 – the Central Bosnia Canton
