An accessory claim, such as the interest, constitutes property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision No. U 4/99 of 13 August 1999, published in the Official Gazette of Bosnia and Herzegovina, 16/99; the appellant – the Federation of BiH Ministry of Defense;
• Decision on Admissibility and Merits No. AP 147/02 of 26 August 2004, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 48/04; the application of Article 3 of the Law on the Establishment and Realization of Claims incurred during the state war and immediate war danger
A legally justified expectation for the reimbursement of earned salaries constitutes property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 384/03 of 21 January 2004, published in the Official Gazette of Bosnia and Herzegovina, 13/04; Bihać Health Care Center – salaries
The notions “property/possessions” enunciated in Article of Protocol No. 1 to the European Court are not to be interpreted in a restrictive manner, rather they should be understood as including the acquired rights of an individual, such as the monetary claims and other economic values.
• Decision on Admissibility and Merits No. U 19/03 of 17 March 2004, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 15/04
A monetary claim in respect of the compensation for damage is not regarded property if there is no legal basis for such claim.
• Decision on Admissibility and Merits No. U 46/02 of 26 March 2004, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 34/04; damage compensation, there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The claim for the compensation for maternity leave constitutes “justified expectation”, i.e. the protected possessions if based on a valid legal basis within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 36/03 of 19 April 2004, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 34/04; a violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of Bosnia and Herzegovina established
The business premises in respect of which the appellant concluded the construction contract with the contractor is considered her property, particularly so when taking into account the undisputed fact that the appellant paid the contracted value of works for its construction.
• Decision on Admissibility and Merits No. AP 160/03 of 28 April 2004, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 34/04; civil proceedings for the repossession of the business premises which the contractor sold to third persons in the meantime, and for which the appellant had paid purchase price
The possessions and acquired right of the temporary user on a part of the construction plot, over which the decision of the first instance administrative body established the permanent priority right of use in favor of another person, constitutes the legal right with economic value, which may be considered the appellant’s property. Thus, it follows that the proceeding concerns the right to peaceful enjoyment of property.
• Decision on Admissibility and Merits, No. AP 127/02 of 17 May 2004, paragraph 34, published in the Official Gazette of Bosnia and Herzegovina, 34/04; administrative proceeding for establishing the priority right of use of city construction land
Given the status of the case-file and the facts established by the ordinary courts relating to the appellant’s investment of funds and the work in the construction of the facility in question, the right which the appellant claims to be deprived of, constitutes “possessions”,
i.e. the property.
• Decision on Admissibility and Merits No. U 32/03 of 15 June 2004, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/04; civil proceedings to determine the ownership right over an individual housing facility
According to the consistent case-law of the Constitutional Court, the appellant’s claim relating to the compensation for damage constitutes property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. U 36/03 of 15 June 2004, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 38/04; civil proceedings for the compensation for damage over an accident at work
The right to property is not restricted to a physical property, but it also includes economic interest (see ECHR, Bramelid and Malmström v. Sweden, Decision of 12 October 1982, Decisions and Reports, No. 29).
• Decision on Admissibility and Merits No. U 145/03 of 29 October 2004, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 28/05
The right of the appellant to request compensation for pecuniary and non-pecuniary damage falls within the scope of protection under Article 1 of Protocol No. 1 to the European Convention, since the appellant had legally justified expectations that he would be compensated for the damage.
• Decision on Admissibility and Merits No. AP 239/03 of 30 November 2004, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 15/05; civil proceedings for the compensation for pecuniary and non-pecuniary damage over the dismissal from work
The procedure for division of matrimonial property concerns the property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 222/04 of 9 December 2004, published in the Official Gazette of Bosnia and Herzegovina, 15/05
In the instant case, the subject-matter of the appeal is the right to use an allocated town construction site for construction, which constitutes the right with an economic value and can be considered the appellant’s “property” within the meaning of Article 1 of Protocol No. 1 to the European Convention, so that the Constitutional Court holds that Article 1 of Protocol No. 1 to the European Convention is applicable to this case.
• Decision on Admissibility and Merits No. 113/04 of 18 March 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 32/05
The right to severance pay due to the end of employment constitutes “property” within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 335/04 of 18 March 2005, paragraph 18, published in the Official Gazette of Bosnia and Herzegovina, 32/05
The amount awarded to the appellant in the legally binding court judgment constitutes her “property” within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 115/04 of 23 March 2005, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 30/05
The imposed fines constitute possessions.
• Decision on Admissibility and Merits No. AP 498/04 of 23 March 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 32/05; the payment of a fine imposed in the minor offence proceedings; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The notion “property” enunciated in Article 1 of Protocol No. 1 to the European Convention is not to be interpreted in a restrictive manner, rather it should be understood as including the acquired rights of individuals, such as monetary claims and other economic values. The right to severance pay constitutes monetary claim, which has been acquired, which is of a temporary character and arises from employment relations. This is to say, this right constitutes the right to property.
• Decision on Admissibility and Merits No. AP 741/04 of 12 April 2005, paragraphs 32 and 33, published in the Official Gazette of Bosnia and Herzegovina, 44/05; administrative procedure, determination of the right to severance pay; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The shares of the company constitute property enjoying the protection under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 100/04 of 22 April 2005, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 36/05
The term “property” includes a wide range of ownership interests constituting an economic value.
• Decision on Admissibility and Merits No. AP 380/04 of 26 April 2005, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the transfer of occupancy right to a child; there is no violation of Article 1 of Protocol No. 1 to the European Convention
The occupancy right constitutes sui generis property interests constituting an economic value.
• Decision on Admissibility and Merits No. AP 380/04 of 26 April 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the transfer of occupancy right to a child; there is no violation of Article 1 of Protocol No. 1 to the European Convention
The damage compensation for the failure to return a tractor and trailer to the appellant, which were owned by him, in respect of which the appellant has legitimate expectations, constitutes “property”.
• Decision on Admissibility and Merits No. AP 487/04 of 18 May 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 67/05; civil proceedings, pecuniary damage compensation; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
In the instant case, the right to payment of earned but unpaid salaries represents the property which the appellant justifiably expects to have and which enjoys the protection under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 1/05 of 18 May 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 58/05
The economic interest to dispose of, i.e. to “manipulate” the funds on the gyro account of the person who performs activities in financial business is of such character that it constitutes “property” enjoying the protection under Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 531/04 of 27 May 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 67/05; the payment of the amount in respect of foreign currency savings; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The right to collect a monetary claim arising from a contract on business cooperation, which the appellant concluded with the defendant, which the appellant claims to have been deprived of, constitutes a law-based claim and justifiably expected economic value, i.e. the appellant’s property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 951/04 of 13 September 2005, paragraph 11, published in the Official Gazette of Bosnia and Herzegovina, 3/06
The right to the pension for a specified period of time constitutes property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 639/04 of 23 September 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 83/05; administrative procedure, the right to pension for a specified period of time; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established
The real property being subject to expropriation and the real property which, according to the appellant, should be expropriated, constitute an economic value, i.e. possessions within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 528/04 of 13 October 2005, paragraph 21, published in the Official Gazette of Bosnia and Herzegovina, 17/06; administrative procedure, the request for full expropriation when the expropriation of a part of the property makes it impossible to use regularly the remaining part of the property; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established
The rights in personam in the field of social policy fall within the scope of the notion “possessions” within the meaning of the constitutional protection, if the person who requests their protection acquired such right and if they have a monetary value. Furthermore, the legitimate expectation that certain requirements would apply falls within the scope of the notion of “possessions”.
• Decision on Admissibility No. AP 1061/04 of 13 October 2005, paragraph 9; the request for the acquisition of the status of a disabled war veteran, the appeal ratione materiae incompatible with the Constitution
The temporary right to use undeveloped urban construction land is an enforceable right with an economic value, which constitutes “possessions” within the meaning of Article 1 of Protocol No. 1 to the European Convention (see Human Rights Chamber, No. CH/02/8655, Sačak and Salihagić v. the Republika Srpka, Decision on Admissibility and Merits of 4 July 2003, paragraph 116).
• Decision on the Merits No. AP 851/04 of 17 November 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 22/06; the dispute relating to the disturbance of possession of an undeveloped urban construction land of the appellant as a temporary occupant; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The pecuniary claims of the appellants for the compensation for damage, recognized in the legally binding court judgments, which constitute “war damage”, constitute “possessions” within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 774/04 of 20 December 2005, paragraph 365, published in the Official Gazette of Bosnia and Herzegovina, 39/06; the failure to enforce legally binding court decisions whereby the appellants were awarded pecuniary and non-pecuniary compensation for “war damage”; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established
Default interests awarded in the legally binding court judgments constitute “possessions” of the applicants within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 774/04 of 20 December 2005, paragraph 371, published in the Official Gazette of Bosnia and Herzegovina, 39/06; the failure to enforce legally binding court decisions whereby the appellants were awarded pecuniary and non-pecuniary compensation for “war damage”; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established
The costs of the proceedings constitute the appellants’ “possessions” within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 774/04 of 20 December 2005, paragraph 373, published in the Official Gazette of Bosnia and Herzegovina, 39/06; the failure to enforce legally binding court decisions whereby the appellants were awarded pecuniary and non-pecuniary compensation for “war damage”; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established
A difference in the amount of severance pay awarded in the legally binding judgment and that awarded in the challenged judgment upon a revision-appeal can be considered the appellant’s property within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on the Merits No. AP 218/05 of 23 February 2006, paragraph 17, published in the Official Gazette of Bosnia and Herzegovina, 32/06
According to the case-law of the European Court of Human Rights, the salaries fall within the scope of protection of Article 1 of Protocol No. 1 to the European Convention (see ECHR, Smokovits and Others v. Greece, judgment of 11 April 2002, Application no. 46356/99, paragraph 32). The fact that the appellant did not receive the salaries does not affect this, since he has legitimate expectations that they would be paid.
• Decision on the Merits No. AP 1105/05 of 12 April 2006, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 59/06; civil proceedings, the payment of the salaries
The vehicle, seized as a result of the imposed protective measure of seizing a vehicle in the minor offence proceedings, for which the purchase price was paid to the buyer, constitutes possessions.
• Decision on the Merits No. AP 2078/05 of 12 April 2006, paragraph 39, published in the Official Gazette of Bosnia and Herzegovina, 7/07
A part of the land, which was seized from the appellant, and which he has possessed for about 20 years and used for orchard plantation, constitutes property. The challenged decisions interfered with the property and the appellant was deprived of the right to peacefully enjoy and use property.
• Decision on the Merits, No. AP 706/05 of 12 April 2006, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 57/06
The servitude right to cross a land constitutes “possessions” within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 1292/05 of 27 June 2006, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 87/06
The occupancy right constitutes sui generis property interests which are an economic value (see the Constitutional Court, Decision no. U 8/99 of 5 November 1999, published in the Official Gazette of Bosnia and Herzegovina, 24/99). The occupancy right includes the right of the household family members to acquire occupancy right after the death of the occupancy right holder (see the Constitutional Court, Decision no. U 6/98 of 24 September 1999, published in the Official Gazette of Bosnia and Herzegovina, 20/99) and the right to purchase an apartment in accordance with the relevant regulations.
• Decision on Admissibility and Merits No. AP 1812/05 of 8 July 2006, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the apartments occupied on the basis of the occupancy right
The right to dispose of the real property is a property right within the meaning of Article 1 of Protocol No. 1 to the European Convention.
• Decision on Admissibility and Merits No. AP 1402/05 of 29 September 2006, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 9/07
