Contrary to the previous case-law that the issue concerns appeals which are ratione personae incompatible with the BiH Constitution, the conclusion was made that the European Convention provides for a minimum of protection regarding the human rights and freedoms, while the BiH Constitution provides for the wide range of protection. In view of the aforesaid and taking into account the fact that the Constitution of Bosnia and Herzegovina does not contain precise provisions on the functioning of state bodies, the Constitutional Court considers that it is necessary that this court changes its current judicial practice and allows the state bodies to file appeals in accordance with the Rules of Procedure of the Constitutional Court.
• Decision on Admissibility and Merits No. AP 39/03 of 27 February 2004, paragraphs 12 to 15, published in the Official Gazette of Bosnia and Herzegovina, 19/04
Bosnia and Herzegovina is not ratione personae responsible for the payment of old foreign currency savings in relation to the Ljubljanska Bank d.d. Ljubljana, Main Branch Office Sarajevo and Invest Bank Beograd and Bosnia and Herzegovina cannot be held responsible for the payment of old foreign currency savings to the appellants since those obligations occurred in the territory of other states. It follows that the appeals are ratione personae incompatible with Article VI(3)(b) of the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 164/04 of 1 April 2006, paragraph 68, published in the Official Gazette of Bosnia and Herzegovina, 49/06; old foreign currency savings
There is no responsibility on the part of Bosnia and Herzegovina and Federation of Bosnia and Herzegovina with regards to the payment of old foreign currency savings which were deposited at the Investbanke Beograd and the Jugoslovenske izvozne i kreditne banke Beograd (Yugoslav Export Credit Bank Belgrade) because the appeal is ratione personae incompatible with the Constitution of Bosnia and Herzegovina.
• Decision on the Merits No. AP 498/05 of 27 June 2006, paragraph 10, published in the Official Gazette of Bosnia and Herzegovina, 77/06
An appeal is ratione personae incompatible with the Constitution in the case where the appellant appears before the Cantonal Public Prosecutor’s Office and the facts of the case indicate that the issue does not concern the property owned by the appellant but rather the state-owned capital.
• Decision on Admissibility No. AP 929/06 of 17 April 2008, paragraph 8; the proceeding for establishing the nullity of the contract on purchase of apartment for which the appellant, who is a legal representative of the Canton, claims to be the property of the Republic of Bosnia and Herzegovina (state-owned capital)
The Constitutional Court has no jurisdiction to review the decisions of courts outside Bosnia and Herzegovina. Accordingly, the appeal lodged against the decision of the European Court of Human Rights is ratione personae incompatible with the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 2815/07 of 14 July 2008, paragraph 7
The Constitutional Court considers that in the case at hand, Bosnia and Herzegovina had no positive obligation to provide for the appellant an effective legal remedy to make compensation for damage caused by an international organisation with special status, in particular in cases where such a legal remedy is provided through the international organization, i.e. its insurer. The Constitutional Court considers that in this specific case Bosnia and Herzegovina cannot be held responsible for making compensation for damage caused to the appellant while she was in the UNHCR vehicle, neither could Bosnia and Hercegovina be held responsible for providing special legal remedy in such cases. Therefore, the appeal is ratione personae inadmissible.
• Decision on Admissibility No. AP 1898/06 of 26 February 2009, paragraph 11
The Constitutional Court has no jurisdiction to examine decisions of an authority not falling under the responsibility of Bosnia and Herzegovina. Therefore, an appeal filed against the decision of the High Representative, i.e. the act of the United Nations Organisation is ratione personae incompatible with the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 3879/08 of 15 April 2009, paragraph 14; appeal filed against the supervisory order of the Supervisor for Brčko;
• Decision on Admissibility No. AP 1424/07 of 16 July 2009, paragraph 6
The Constitutional Court refers to explicit provision under Article VI(3)(b) of the Constitution of BiH, according to which: The Constitutional Court shall also have appellate jurisdiction over issues under this Constitution arising out of a judgment of any other court in Bosnia and Herzegovina and it is indisputable that it has jurisdiction to deal with appeals because the appeal challenges the decisions of the courts in Bosnia and Herzegovina, whereby the decision was taken with regards to the employment status of the appellant. However, given that the challenged decisions were taken solely on the basis of the decision of the High Representative in respect of which the European Court of Human Rights concluded that Bosnia and Herzegovina has no responsibility, the Constitutional Court concludes that the appeal is ratione personae incompatible with the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 680/07 of 13 May 2009, paragraph 13; termination of employment upon the decision of the High Representative
Relatives of the victims of violations of human rights must provide evidence that sufferings they are exposed to due to violation of human rights of their relatives exceed, by its scope and intensity, the emotional stress, which the relatives of the victims of the alleged violation of human rights are exposed to. Unless they provide evidence in this regard, their application will be rejected as ratione personae incompatible with the European Convention (see, the European Court of Human Rights, Onay vs. Turkey, judgement of 20 September 2007, paragraphs 23 and 24).
• Decision on Admissibility No. AP 595/07 of 17 September 2009, paragraph 9; in the instant case the appellant failed to provide documents showing that her son was exposed to inhuman treatment due to which the appellant, as his close relative, was exposed to suffering which, by its scope and intensity, exceeds normal suffering of the alleged victims of violation of human rights
Bosnia and Herzegovina has no responsibility with regards to the IPTF Commissioner’s decision, whereby the appellant was temporarily removed from performing police duties and that decision was adopted within the mandate of United Nations Mission in Bosnia and Herzegovina. Therefore, the appeal is ratione personae incompatible with the Constitution of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 2746/09 of 11 February 2016, paragraph 10
• Decision on Admissibility No. AP 2894/09 of 11 February 2010, paragraph 12
