Administrative dispute, in the present case, was conducted at one instance and only the proceedings before the Supreme Court of the Federation of Bosnia and Herzegovina has the character of an ordinary court proceedings. Thus, the proceedings at issue must be conducted so as to meet the requirements of “a public trial” and the requirements related to the right of the public to control judiciary.
• Decision No. U 148/03 of 28 November 2003, paragraph 58, published in the Official Gazette of Bosnia and Herzegovina, 1/04; failure to hold a public hearing in an administrative dispute; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
Failure to hold a public hearing in a situation where the appellant did not request so explicitly in the lawsuit and where the appellant’s views are related to the timeliness of the respective request, considering the contents of the appeal against the first instance ruling and the contents of the lawsuit in the administrative dispute that the court is already familiar with, does not constitute an omission indicative of a violation of the right to a fair trial.
• Decision on the Merits No. AP 85/06 of 15 February 2007, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 38/07; administrative proceedings, failure to hold a public hearing in an administrative dispute; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
There is no violation of the right to a fair trial in a situation where the appellant was heard in an administrative proceeding, and the court decided the administrative dispute without an oral hearing, and the appellant did not request in particular the holding of an oral hearing.
• Decision on Admissibility and Merits No. AP 450/07 of 10 June 2009, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 82/09; administrative proceedings, failure to hold a public hearing in an administrative dispute; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
