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| CONSTITUTIONAL COURT
OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
71000 Sarajevo
Bosnia and Herzegovina
tel: (033)
251-226
fax: (033) 561-134
e-mail: info@ccbh.ba
Reception hours:
- from 10:00 to 12:00 |
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| Sessions | | | 21 July 2010 - The Constitutional Court of BiH held today its 100th regular session of the Grand Chamber.
At today''''s session, the Constitutional Court of BiH resolved 216 individual appeals. Out of those, the Constitutional Court resolved 17 appeals on the merits of the case, 55 appeals were rejected on the grounds of manifest inadmissibility, while 145 appeals were rejected on other grounds of inadmissibility (expired time limit for filing, failure to exhaust legal remedies, lack of jurisdiction of the Constitutional Court of BiH, etc.).
In several cases, the Constitutional Court of BiH found a violation of the right to a fair trial on grounds of unreasonable length of proceedings pending before the courts and administrative authorities. The Constitutional Court of BiH reiterated that this legal issue was constantly present in practice and that courts and administrative authorities fail to consider sufficiently the standards under Article II(3)(e) of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, for example, on the today''''s session alone the Constitutional Court of BiH discussed the violation of the right to fair trial on the grounds of unreasonable length of proceedings in 6 of 9 decisions on the merits.
Inter alia, the Constitutional Court of BiH in the case No. AP 112/08 dismissed as ill-founded the appeal of Mr. Gojko Srdic filed against the Judgment of the Supreme Court of the Federation of Bosnia and Herzegovina No. 070-0-Kz-06-000644-7 of 15 November 2007 and judgment of the Cantonal Court in Bihac No. 001-0-K-07-000018 of 27 July 2007. Constitutional Court found no violation of the right to fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraphs 1, 2 and 3(d) of the European Convention when the appellant had the possibility to participate equally in the proceedings regardless of the fact that the courts failed to grant or give credence to the certain evidence of defense and the reasoning of the challenged decisions is satisfactory and does not indicate any procedural or substantive and legal arbitrariness.
The Constitutional Court of BiH in the case No. AP 2496/10 rejected as premature the appeal of Muhamed Ali Gasi, Aziz Ali Gasi, Amir Kasumic, Engin Proho, Muharem Causevic, Edin Hota and Sinan Ljuca in relation to Article 6 of the European Convention, and as ratione materiae incompatible with the Constitution of Bosnia and Herzegovina in relation to Article 10 of the Universal Declaration on Human Rights and Article 14 paragraph 1 of the International Covenant on Civil and Political Rights.
The following session of the Grand Chamber is scheduled for 14 September 2010.
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10 July 2010 - The Constitutional Court of Bosnia and Herzegovina completed today its 62nd regular plenary session.
At the session the Constitutional Court of Bosnia and Herzegovina in the Case no.
U 9/09 (request of the Croat Caucus to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina) for review of the constitutionality of certain provisions of the Election Law of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina Nos. 23/01, 7/02, 9/02, 20/02, 25/02, 4/04, 20/04, 25/05, 52/05, 65/05, 77/05, 11/06, 24/06, 32/07, 33/08 and 37/08) determined a list of participants in the public hearing. Inter alia, the Constitutional Court shall invite the following to attend the public hearing: representatives of the Parliamentary Assembly of Bosnia and Herzegovina, representatives of the Council of Europe, representatives of the Venice Commission, representatives of the European Union, representative of the OSCE (as amicus curiae), President of the City Council of the City of Mostar, Mayor of the City of Mostar, representative of the BiH Central Election Commission and election system experts.
While working on the cases arising under the regular jurisdiction of the Constitutional Court of Bosnia and Herzegovina, judges have noticed recurrent practice that the appellants are addressing individual judges directly. Constitutional Court of Bosnia and Herzegovina notes that the decision-making in the Constitutional Courts is collective and not individual and that such communication is not consistent with the Rules of the Constitutional Court of Bosnia and Herzegovina. Each letter sent to the individual judges shall be opened and submitted to the Office of the Registrar of the Constitutional Court of Bosnia and Herzegovina.
The next plenary session is scheduled for 24 and 25 September May 2010.
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The Constitutional Court of BiH held today its 99th regular session of the Grand Chamber.
29 June 2010 - At today''s session, the Constitutional Court of BiH resolved 1 request for interim measure and 281 individual appeals. Out of those, the Constitutional Court resolved 18 appeals on the merits of the case, 89 appeals were rejected on the grounds of manifest inadmissibility, while 174 appeals were rejected on other grounds of inadmissibility (expired time limit for filing, failure to exhaust legal remedies, lack of jurisdiction of the Constitutional Court of BiH, etc.).
Inter alia, the Constitutional Court of BiH in the case No. AP 722/08 granted the appeal of Ms. Gordana Bursac from Prijedor, finding a violation of the right to fair trial under Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and annulled the Judgment of the Supreme Court of RS no. Uvl-100/05 of 12 December 2007. Constitutional Court left in force the Judgment of the County Court in Banja Luka no. U 14-05 of 8 May 2005 as it fully meets the standards of the right to fair trial under Article 6 of the European Convention and particularly having in mind that the appellant initiated the proceedings for exercising right to an old-age retirement in 2003, pursuant to the law and that her right to enjoy this right was denied to date.
Although the Constitutional Court does not place an emphasis on the statistics but rather high-quality protection of the human rights, the Constitutional Court states that it received 2502 cases and decided 2167 cases in the past six months (on 25 June). Constitutional Court reiterates that the priority in its work is the chronological deciding of the cases while the cases which relate to freedom and safety of person issues and cases that concern decision-making within reasonable time-limit shall again have priority within that framework.
The following session of the Grand Chamber is scheduled for 21 July 2010.
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15 June 2010 - The Constitutional Court of BiH held today its 98th regular session of the Grand Chamber.
At today''s session, the Constitutional Court of BiH resolved 1 request for interim measure and 333 individual appeals. Out of those, the Constitutional Court resolved 12 appeals on the merits of the case, 167 appeals were rejected on the grounds of manifest inadmissibility, while 154 appeals were rejected on other grounds of inadmissibility (expired time limit for filing, failure to exhaust legal remedies, lack of jurisdiction of the Constitutional Court of BiH, etc.).
In several cases, the Constitutional Court of BiH found a violation of the right to a fair trial on grounds of unreasonable length of proceedings pending before the courts and administrative authorities. The Constitutional Court of BiH reiterated that this legal issue was constantly present in practice and that courts and administrative authorities fail to consider sufficiently the standards under Article II(3)(e) of the Constitution of BiH and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, for example, on the today''s session alone the Constitutional Court of BiH discussed the violation of the right to fair trial on the grounds of unreasonable length of proceedings in 7 of 12 decisions on the merits.
Inter alia, the Constitutional Court of BiH partially granted the appeal of Mr. Vinko Peric finding a violation of the right to property under Article II (3) (k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and annulled the Decision of the Court of BiH No. Iz-49/08 of 13 October 2008, in the part relating to the issuing the sanctions to the appellant and remitted the case to the Court of Bosnia and Herzegovina for the new proceedings and decision. The reason for such a decision is in the fact that the Court of Bosnia and Herzegovina pronounced a sentence to the appellant, as the candidate of the political party, in the amount greater than the one stipulated by the Election Law of Bosnia and Herzegovina.
Constitutional Court of BiH in the case No. AP 608/08 rejected as inadmissible the appeal of the Narodna stranka Radom za boljitak (People’s Party - Work towards Progress) filed against the Decision of the Court of Bosnia and Herzegovina no. Iz-48/07 of 26 December 2007 and Decision of Central Election Commission of Bosnia and Herzegovina no. 01-07-2877-1-34/07 of 21 December 2007, as it is ratione materiae incompatible with the Constitution of BiH. Namely, these decisions published and confirmed the results of the premature elections for the president of the Republika Srpska held on 9 December 2007 according to which Mr. Rajko Kuzmanovic was elected as the President of Republika Srpska, candidate of the political party of Independent Social Democrats – SNSD - Milorad Dodik.
The following session of the Grand Chamber is scheduled for 29 June 2010.
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Having regard to Article 9 paragraph 1 and Article 34 paragraph 1 and Article 36 of the Rules of the Constitutional Court of Bosnia and Herzegovina
I hereby convene
62nd plenary session
for 9 and 10 July 2010
commencing at 9:30
Agenda:
I Adoption of the Minutes of the 61st plenary session of the Constitutional Court of Bosnia and Herzegovina held on 28 and 29 May 2010
II Text verification
1. U-12/09 Request for review of the constitutionality of Article 35 of the Law on Salaries and Remunerations in the Institutions of Bosnia and Herzegovina (Official Gazette of BiH, No. 50/08 and 35/09) and the Decision of the Council of Ministers on the Manner and Procedure of Realization of the Right to Remuneration during Maternity Leave in the Institutions of Bosnia and Herzegovina (Official Gazette of BiH, No. 58/09)
2. AP-2130/09
APPLICANT: Mithad Novalic
III Establishing a list of participants in the public hearing in case No. U 9/09
IV Deliberation of AP cases
1. AP-2074/07
APPLICANT: Ismet Bajraktarevic et al.
2. AP-2506/07
APPLICANT: MMR d.o.o. Gracanica
3. AP-2912/07
APPLICANT: Autokuca Jelic d.o.o.
4. AP-3197/07
APPLICANT: Sulejman Avdic
5. AP-717/08
APPLICANT: Sakib Music
6. AP-1307/08
APPLICANT: Caping d.o.o. Gracanica
7. AP-2009/08
APPLICANT: V. K.
8. AP-2780/08
APPLICANT: Muhamed Saracevic et al.
9. AP-3080/09
APPLICANT: Vlado Adamovic
10. AP-1164/10
APPLICANT: Milan Milacak
V Information on Enforcement of Decisions of the Constitutional Court of Bosnia and Herzegovina in the period August 2009 - March 2010
VI Rulings on Failure to Enforce Decisions of the Constitutional Court of Bosnia and Herzegovina
1. AP-13/07
APPLICANT: Azem Omerbasic
2. AP-372/07
APPLICANT: Goran Mandic i drugi
3. AP-469/07
APPLICANT: Munir Basic
4. AP-856/07
APPLICANT: Udruzenje dionicara Grmec
5. AP-1840/07
APPLICANT: Luka Sunjic
6. AP-2285/07
APPLICANT: H. L.
7. AP-2651/07
APPLICANT: Dragomir Dosenovic
8. AP-1318/08
APPLICANT: Zuhdija Miskic
VII Miscellaneous
Prof. Dr. Miodrag Simovic
President
Constitutional Court of Bosnia and Herzegovina
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