A data registration procedure cannot be considered to be the determination of civil rights within the meaning of Article 6 paragraph 1 of the European Convention, nor does it concern the rights set forth in Article 1 Protocol No. 1 of the European Convention.
• Decision No. U 20/01 of 4 May 2001, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 25/01
Article 6 paragraph 1 of the European Convention and Article II(3)(e) of the Constitution of BiH are not applicable to disputes between administrative authorities and employees who occupy positions involving participation in the exercise of powers conferred by public law.
• Decision No. U 38/00 of 22 June 2001, paragraphs 20 and 21, published in the Official Gazette of Bosnia and Herzegovina, 25/01; the dismissal of the officer from the military service
In case where the ruling of the probate court is clearly based on the law and the facts established in civil proceedings, which can undisputedly be considered to be a “dispute” within the meaning of Article 6 paragraph 1 of the European Convention, then the said proceedings must be considered as a whole. As such, these proceedings are the subject- matter of consideration by the Constitutional Court, where referred to in the appellant’s appeal.
• Decision No. U 65/02 of 26 September 2003, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 43/03
The appellant’s request lodged with the Municipal Court and the Cantonal Court in respect of her occupancy right relates to the civil right protected under Article 6 paragraph 1 of the European Convention.
• Decision No. U 32/02 of 24 October 2003, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 6/04; administrative proceedings, the occupancy right transferred to the person who provides support; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
As to the applicability of Article 6 paragraph 1 of the European Convention in the case at hand, the European Court of Human Rights has accepted its jurisdiction to decide the cases that are related to retirement only if the pension is acquired through voluntary contributions to the pension fund previously made by an appellant. However, in the present case, it relates to the domestic law which provides that the war-disabled persons’ right to pension shall be acquired through the mandatory payment of retirement benefits to the relevant pension fund. In view of the above, the Constitutional Court holds that Article 6 of the European Convention is not applicable in the present case.
• Decision on the Merits No. U 79/03 of 28 November 2003, paragraphs 21 and 22, published in the Official Gazette of Bosnia and Herzegovina, 6/04; administrative proceedings and administrative dispute related to the recognition of the status of disabled war-veteran
In case that the ruling issued by the Supreme Court may result in a cancellation of the decisions rendered in administrative proceedings, then the said proceedings must be considered as a whole. As such, these proceedings are the subject-matter of consideration by the Constitutional Court, where referred to in the appellant’s appeal.
• Decision on the Merits No. U 63/02 of 21 January 2004, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 13/04; administrative proceedings, the repayment of special tax charged on imported goods; Article 6 of the European Convention is not applicable
In the context of obligations and duties of a judge, the appellant’s position requires her participation in exercise of judicial authority aimed at the protection of the state’s general interests. Consequently, Article 6 paragraph 1 of the European Convention is not applicable to the case in which the ruling terminating the appellant’s employment due to retirement is contested.
• Decision on Admissibility and Merits No. U 104/03 of 19 April 2004, paragraphs 24 and 25, published in the Official Gazette of Bosnia and Herzegovina, 40/04
The proceedings conducted with regard to a cancellation of the lease contract for business premises are considered to be civil proceedings as regards domestic laws as well as within the meaning of Article 6 paragraph 1 of the European Convention.
• Decision on Admissibility and Merits No. AP 71/02 of 28 April 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 34/04; non- contentious proceedings to issue an order cancelling the lease agreement related to the disputed business premises
The Constitutional Court notes that the administrative disputes were aimed at determining the existence or non-existence of certain facts or rights decisive for the decisions in administrative proceedings conducted by the customs authorities. However, the Constitutional Court holds that in case where the ruling issued by the Supreme Court may result in a cancellation of the decisions rendered in administrative proceedings, then the said proceedings must be considered as a whole and, as such, these proceedings are the subject-matter of consideration by the Constitutional Court if referred to in the appellant’s appeal (see, Decision of the Constitutional Court in case No. U 65/02).
• Decision on Admissibility and Merits No. AP 28/02 of 15 June 2004, paragraphs 27 and 28, published in the Official Gazette of Bosnia and Herzegovina, 38/04; the administrative proceedings for reimbursement of money paid for special customs duties
Article 6 paragraph 1 of the European Convention is applicable to the present case given that the authorities, which conducted the proceedings determining the appellant’s liability to pay levy, failed to pay sufficient attention to the important issues indicated by the appellant and it resulted in the appellant’s financial obligation which no doubt has the effect on his property, i.e. on his “civil rights and obligations” within the meaning of Article 6 paragraph 1 of the European Convention.
• Decision on Admissibility and Merits No. AP 236/03 of 15 June 2004, published in the Official Gazette of Bosnia and Herzegovina, 38/04; Lijanovići
The Constitutional Court notes that the relevant proceedings conducted by the ordinary courts related to compensation for loss of income and, therefore, Article 6 paragraph 1 of the European Convention is applicable in the case at hand.
• Decision on Admissibility and Merits No. AP 203/02 of 30 June 2004, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 41/04
The proceedings to determine the costs of proceedings must be considered to be the continuation of the litigation and, consequently, it must be considered to be a part of “the determination of civil rights or obligations”.
• Decision on Admissibility and Merits No. AP 189/02 of 30 June 2004, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 40/04;
• Decision on Admissibility and Merits No. AP 85/04 of 18 March 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 36/05; the decision awarding the costs of proceedings has been challenged
The civil rights or obligations are not determined in enforcement proceedings but in earlier civil proceedings where the appellant failed to present the relevant facts as to the existence of the lease agreement. Accordingly, Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH are not applicable.
• Decision on Admissibility No. AP 206/02 of 23 July 2004, paragraph 14 Disputes in respect of compensation, in accordance with the health insurance scheme, relate to the “civil rights”.
• Decision No. U 66/03 of 21 July 2004, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 41/04
The rights of physical persons and their mutual relations resulting from contract law, i.e. contractual relations, always relate to civil rights.
• Decision on Admissibility and Merits No. AP 261/03 of 26 August 2004, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 48/04
In accordance with the consistent practice of the European Convention’s bodies, termination of employment, for any reason, falls within the scope of civil rights within the meaning of Article 6 paragraph 1 of the European Convention.
• Decision on Admissibility and Merits No. AP 221/02 of 26 August 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 48/04
The proceedings related to the payment of debt for utility services is decisive in respect of the appellant’s property and the fact that it related to the payment of debt for utility services rendered by the plaintiff in the exercise of powers conferred by public law is irrelevant for determining the nature of the dispute. Therefore, Article 6 paragraph 1 of the European Convention is applicable to the present case.
• Decision on Admissibility and Merits No. AP 116/02 of 29 September 2004, paragraphs 23 and 24, published in the Official Gazette of Bosnia and Herzegovina, 54/04; civil proceedings related to the payment of debt for a garbage collection
In addition to the proceedings of a private law nature, the first paragraph of Article 6 of the European Convention is also applicable to the proceedings determining civil rights or obligations and those related to the issuance of construction permits or other permits relating to real property where the outcome of such proceedings is directly decisive for determining the ownership right and, generally, it is applicable to the proceedings the outcome of which has an effect on the use or enjoyment of the right to property (see European Court of Human Rights, Judgment in the case of Fredin of 18 February 1991, Series A, No. 192).
• Decision on Admissibility and Merits No. U 128/03 of 21 September 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 2/05; construction of additional floor, the proceedings related to the issuance of construction permit, the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The Constitutional Court holds that fair trial standards are applicable also to the proceedings deciding on a request for immunity and, therefore, the final decision on that issue may be examined by the Constitutional Court.
• Decision on Admissibility and Merits No. AP 548/03 of 29 October 2004, paragraph 36, published in the Official Gazette of Bosnia and Herzegovina, 40/06;
• Decision on Admissibility and Merits No. AP 322/04 of 19 November 2004, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 19/05
All employment related claims, apart from those related to civil servants who exercise the powers conferred by public law and protect the general interests of the state, fall within the notion civil rights and obligations.
• Decision on Admissibility and Merits No. U 107/03 of 19 November 2004, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 23/05
Given that all the lower instance court judgments have been modified by the challenged ruling, the appellant is obliged in the enforcement proceedings related to the said ruling to reimburse the amount paid to her husband by way of compensation for damages. So, it undoubtedly follows that the present case concerns the appellant’s property rights and that the relevant proceedings involve her civil rights. Consequently, Article 6 paragraph 1 of the European Convention is applicable to the case at hand.
• Decision on Admissibility and Merits No. AP 300/04 of 30 November 2004, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 19/05
A right to vote in elections is not a civil right but a subjective political right which relates to the “right to vote” and “the right to stand for election to the legislature”. Therefore, the appeal was not filed because of a violation of a civil right under the European Convention but because of a violation of a political right under Article 3 of Protocol No. 1 to the European Convention. The Constitutional Court therefore concludes that Article 6 paragraph 1 of the European Convention is not applicable in the case at hand as the appellant’s civil rights and obligations under Article 6 paragraph 1 of the European Convention were not to be determined in the proceedings which were terminated by the challenged decision of the Court of BiH.
• Decision on Admissibility and Merits No. AP 35/03 of 28 January 2005, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 30/05
A dispute on trespass is of a civil nature.
• Decision on Admissibility and Merits No. AP 434/04 of 18 January 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the dispute on trespass; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH;
• Decision on Admissibility and Merits No. AP 445/04 of 23 March 2005, paragraph 18, published in the Official Gazette of Bosnia and Herzegovina, 27/05; the dispute on trespass; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
A dispute related to the payment of earned but unpaid salaries is of a civil nature also where the employer is a public institution.
• Decision onAdmissibility and Merits No.AP752/04 of 18 January 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 44/05; payment of salaries earned in wartime, the inconsistent application of the laws in similar cases; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Irrespective of the fact that the case concerning the reimbursement of the overpaid customs duties was decided in first and second instances by the customs authorities, the dispute is of an economic nature and falls within the scope of Article 6 paragraph 1 of the European Convention since the relevant case related to the right to property, which is a “civil right”.
• Decision on Admissibility and Merits No. AP 870/04 of 17 February 2005, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 48/05; the proceedings related to the reimbursement of the overpaid customs duties; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
A dispute related to compensation for pecuniary damages for an injury at work is of a civil nature.
• Decision on Admissibility and Merits No. AP 489/04 of 17 February 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; civil proceedings, compensation of non-pecuniary damages; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Proceedings conducted in relation to the payment of debt are of a civil nature.
• Decision on Admissibility and Merits No. AP 473/04 of 18 March 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the proceedings related to the payment of debt resulting from the contract, entered into with the State of BiH, on the printing, packaging and distribution of BH Dinar; the violation of Article II(3)(e) of the Constitution of BiH established
The right to compensation for damages in the amount being sought is of a private nature and, as such, it is a civil right and fair trial standards are applicable to this right.
• Decision on Admissibility and Merits No. AP 428/04 of 23 March 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 32/05; civil proceedings, compensation of pecuniary damages, an arbitrary application of the law; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Employment related claims, apart from those related to civil servants who exercise the powers conferred by public law and protect the general interests of the state, fall within the notion “civil rights and obligations”.
• Decision on Admissibility and Merits No. AP 398/04 of 23 March 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 32/05; proceedings conducted in relation to the payment of salary, the Supreme Court acted in dispute the value of which did not exceed BAM 15 000; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established;
• Decision on Admissibility and Merits No. AP 452/04 of 12 April 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 40/05; a labour dispute, the claim related to the payment of salary during a period of lay off; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
A dispute determining the right to payment of salary is of a civil nature.
• Decision on Admissibility and Merits No. AP 405/04 of 12 April 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; proceedings conducted in relation to the payment of salary, the Supreme Court’s conduct in the dispute the value of which does not exceed BAM 15 000; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The right to salary while being laid-off is of a civil nature.
• Decision on Admissibility and Merits No. AP 452/04 of 12 April 2005, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 40/05; a labour dispute, the claim related to the payment of salary during a period of lay off; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Decisions taken in liquidation proceedings and related to a debtor’s property fall within the scope of Article 6 paragraph 1 of the European Convention as the debtor’s “civil rights and obligations” within the meaning of Article 6 paragraph 1 of the European Convention could be temporarily called into question.
• Decision on Admissibility No. AP 914/04 of 12 April 2005, paragraph 10; liquidation proceedings
Promotion in the civil service does not concern a civil right or obligation within the meaning of Article 6 paragraph 1 of the European Convention and, consequently, it does not fall within the scope of Article 6 paragraph 1 of the European Convention.
• Decision on Admissibility No. AP 156/05 of 18 May 2005, paragraph 8; the appeal is ratione materiae incompatible with the Constitution of BiH
Disputes between public authorities and employees participating in exercising of authorities under public law, does not involve the application of Article 6 of European Convention.
• Decision on Admissibility and Merits No. AP 633/04 of 27 May 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 73/05; the disciplinary proceedings conducted against the judge by the High Judicial and Prosecutorial Council; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Right to salary while on sick leave is a civil right.
• Decision on Admissibility and Merits No. AP 397/04 of 15 June 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 78/05; proceedings conducted in relation to the payment of salary, the Supreme Court’s conduct in the dispute the value of which does not exceed BAM 15 000; the violation of Article 6 of the European Convention established
The proceedings in which the appellants challenge the rulings to terminate the civil proceedings are of a civil nature.
• Decision on Admissibility and Merits No. AP 691/04 of 28 June 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 27/06; the civil proceedings in respect of damage compensation upon the property claim following the criminal proceedings concluded by the legally binding decision was suspended as the petition for reopening the proceedings had been filed; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The right to pension is a civil right.
• Decision on Admissibility and Merits No. AP 491/04 of 28 June 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 67/05; the administrative dispute, the determination of the right to disability allowance; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The rights related to the right to use an apartment, including the issue of acquiring the occupancy right i.e. the property right over an apartment, is covered by the notion civil rights or obligations.
• Decision on Admissibility and Merits No. AP 497/04 of 28 June 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 27/06; the civil proceedings, the cancellation of the contract of purchase and sale; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The proceedings to determine the costs of proceedings must be considered to be the continuation of the litigation and, consequently, it must be considered to be a part of the “determination of civil rights or obligations”.
• Decision on Admissibility and Merits No. AP 536/04 of 28 June 2005, paragraph 18, published in the Official Gazette of Bosnia and Herzegovina, 67/05; the payment of the costs of civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH;
• Decision on Admissibility and Merits No. AP 792/04 of 18 January 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 48/05; the payment of the costs of defence, discrimination as to the determination of the defence counsel’s fees; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The dispute related to a compensation claim based on the lease agreement is of a civil nature.
• Decision on Admissibility and Merits No. AP 561/04 of 13 July 2005, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 80/05; civil proceedings, the payment of rent arrears; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Disputes between private persons, in respect of the property rights, involve a determination of civil rights.
• Decision on the Merits No. AP 642/04 of 13 October 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 17/06; the civil proceedings, the determination of the ownership right, there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Article 6 paragraph 1 of the European Convention is applicable in the situation where the realization of the rights or obligations determined by a legally binding decision rendered in another proceedings is stayed by an interim measure issued in the proceedings just to determine the civil rights or obligations.
• Decision on the Merits No. AP 743/04 of 17 November 2005, paragraph 43, published in the Official Gazette of Bosnia and Herzegovina, 17/06; civil proceedings, the reinstatement into the apartment, the reasonable time limit to take the Decision on Merits resolving the issue of legal justification and legal grounds for interim measures; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The dispute which determines the compensation for expropriation of the real estates is of a civil nature in case where the court ought to determine in non-contentious proceedings the amount of compensation in part where the expropriation beneficiary and the earlier proprietor (the appellant) failed to reach an agreement.
• Decision on the Merits No. AP 836/04 of 17 November 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 20/06; the length of proceedings which determine the compensation for the expropriated property; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
Determining whether the legal requirements for cancelling the contract on the use of the apartment over which the occupancy right was acquired prior to 30 April 1991 falls within the scope of “civil rights and obligations”.
• Decision on the Merits No. AP 645/04 of 2 December 2005, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 41/06; the civil proceedings, the right to the apartment was acquired after the cancellation of the occupancy right holder’s contract on the use of the apartment; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The notion “dispute”, within the meaning of Article 6 paragraph 1 of the European Convention, covers “all proceedings the result of which is decisive for private rights and obligations”, even when the proceedings involve a dispute between an individual and the public authority acting within the scope of its authorities. The character of “the legislation which governs how the matter is to be determined” and that of the “authority” which is invested with jurisdiction in the matter are therefore of little consequence (Decision No. AP 540/04 of 18 January 2005, paragraph 20; European Court of Human Rights, Ringeisen vs. Austria, judgment of 16 July 1971, Series A, No. 13, paragraph 94).
• Decision on Admissibility and Merits No. AP 1831/05 of 16 January 2007, paragraph 42, published in the Official Gazette of Bosnia and Herzegovina, 34/07; the determination of fair compensation for expropriated land
The state authorities have the exclusive competence to decide on movement and stay of aliens and, therefore, it does not fall within the ambit of “civil rights or obligations” safeguarded by Article 6 of the European Convention.
• Decision on Admissibility No. AP 244/05 of 9 February 2006, paragraph 7; the appeal is ratione materiae incompatible with the Constitution of BiH
The dispute upon the appellant’s request for cancellation of the servitude right over her real property is of a civil nature.
• Decision on the Merits No. AP 1180/05 of 9 February 2006, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 45/06; the civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Consequently, the Constitutional Court concludes that the appellant as the holder of public office within radio diffusion system, in the dispute to protect the employment rights, enjoys the protection of Article 6 paragraph 1 of the European Convention.
• Decision on Admissibility and Merits No. AP 356/04 of 9 May 2006, paragraphs 32 and 38, published in the Official Gazette of Bosnia and Herzegovina, 68/06
The appellant employment right based on his innovative work in the employer’s company, i.e. his right to industrial ownership, is of a civil nature.
• Decision on the Merits No. AP 1232/05 of 9 May 2006, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; industrial ownership; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Enforcement of the final judgment is decisive for the realization of the appellant’s right,
which is of a civil nature.
• Decision on Admissibility and Merits No. AP 1177/05 of 13 June 2006, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The dispute, which determined the appellant’s obligation to compensate the plaintiff for funds invested in construction of the house in question, is of a civil nature.
• Decision on Admissibility and Merits No. AP 1193/05 of 27 June 2006, paragraph 17, published in the Official Gazette of Bosnia and Herzegovina, 86/07; civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Recognition of the right to ownership over the real property is of a civil and legal nature.
• Decision on Admissibility and Merits No. AP 1187/05 of 13 June 2006, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; acquiring the right of ownership; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
The proceedings involving pecuniary claims against a debtor are decisive for the realization of the appellant’s civil rights. Therefore, Article 6 paragraph 1 of the European Convention is applicable in the present case.
• Decision on Admissibility and Merits No. AP 1293/05 of 12 September 2006, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 7/07; the enforcement proceedings, the applicability of the Law on Enforcement; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
