The Constitutional Court emphasizes that the interference with the appellant’s home in the present case fulfills the criterion of justification and necessity, since the owner of the respective apartment was the DD Fabrika sode Lukavac with a large number of employees, whereby there was a need to resolve housing issues of the employees, which was eventually in the interest of the “economic welfare of the country”.
• Decision on Admissibility and Merits No. AP 45/02 of 30 June 2004, paragraph 80, published in the Official Gazette of Bosnia and Herzegovina, 41/04; the transfer of occupancy right from grandfather to grandson; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established; there is no violation of Article 8 of the European Convention and Article II(3)(f) of the Constitution of BiH
The challenged judgments are in compliance with the law and are considered necessary in a democratic society for the protection of a lawful owner of apartment, that is such interference was provided for by law and is a necessary measure in a democratic society for the protection of rights and freedoms of others.
• Decision on Admissibility and Merits No. U 26/03 of 30 June 2004, paragraph 34, published in the Official Gazette of Bosnia and Herzegovina, 38/04; contentious proceedings for the eviction of unlawful user of apartment
Decisions of the ordinary courts dismissing the appellant’s claim for the establishment of the existence of occupancy right over the disputed apartment constitutes the interference with the appellant’s right to home and does not meet a criterion of justification and necessity in a democratic society. It is not possible to conclude that in the present case the interest of the owner of apartment had priority over the appellant’s interest, i.e. that denying the appellant’s right to use the disputed apartment as his home is “a necessary measure in a democratic society”, in accordance with some of the goals laid down in Article 8 paragraph 2 of the European Convention.
• Decision on Admissibility and Merits No. U 77/03 of 19 November 2004, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 23/05
