The Constitutional Court has no jurisdiction to consider the issues that occurred prior to the entry into force of the Constitution of Bosnia and Herzegovina. However, the Constitutional Court has jurisdiction to consider the facts relating to the events preceding the entry into force of the Constitution of Bosnia and Herzegovina for the purpose of obtaining the necessary information.
• Decision on Admissibility and Merits No. AP 752/04 of 18 January 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 44/05; payment of war-time salaries
Having regard to its responsibilities, the Constitutional Court has no ratione temporis competence to take a decision on whether the events that occurred prior to the entry into force of the Constitution of BiH, i.e. prior to 14 December 1995, are in violation of the human rights. The ruling in dispute, which is the subject of the appellant’s appeal, was adopted on 1 March 1995, which means that it is related to the event which occurred prior to 14 December 1995. It follows that the appeal relating to the referenced ruling on termination of employment status is ratione temporis incompatible with the Constitution
of Bosnia and Herzegovina.
• Decision on Admissibility No. AP 147/04 of 23 March 2005, paragraph 6
The Constitutional Court has no ratione temporis competence to examine the statements concerning the nationalization process which was conducted prior to the entry into force of the Constitution of Bosnia and Herzegovina, i.e. prior to 14 December 1995 (see European Court of Human Rights, Jasiūniené vs. Lithuania, Judgment of 6 March 2003, Application No. 41510/98, paragraph 38).
• Decision on Admissibility No. AP 2361/06 of 10 January 2008, paragraph 9
As to the case at hand, the appellants requested an official investigation into the circumstances of death and information about the person who is to be held responsible for the death of their family member. They also requested the perpetrators to be punished in accordance with the law. However, the investigation has not been initiated so far. Therefore, the alleged violations are deemed to be continuous and the Constitutional Court has ratione temporis competence to take the appeal into its consideration.
• Decision on Admissibility and Merits No. AP 1107/06 of 27 February 2008, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 27/08; failure of state authorities to conduct investigation into the circumstances surrounding the death of the appellants’ son
