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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



Sessions    Events    Vacancies    
Today, on 31 March 2006, the Constitutional Court of Bosnia and Herzegovina commenced with its 30th Plenary session, on Vlašić.

So far the Constitutional Court has verified the text of the decision in case U 5/04, adopted at last plenary session, rejecting the request of Mr. Sulejman Tihić, who was Chair of Presidency of Bosnia and Herzegovina at the time of filing the request for review of conformity of certain Articles of the Constitution of Bosnia and Herzegovina with Article 14 of European Convention for Protection of Human Rights and Fundamental Freedoms and Article 3 of Protocol No. 1 to the European Convention for Protection of Human Rights and Fundamental Freedoms as inadmissible since the Constitutional Court of Bosnia and Herzegovina is not competent to decide. Decision shall be published in Official Gazettes of Bosnia and Herzegovina.

After an exhaustive and extensive deliberation in case U 13/05, concerning a request of Mr. Sulejman Tihić, member of Presidency of Bosnia and Herzegovina, for review of conformity of Article 8.1, paragraphs 1 and 2 of the Election Law of Bosnia and Herzegovina with Article 3 of Protocol no. 1 to the European Convention for Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol 12 to the European Convention and Article 2 para 1 (c) and Article 5, para 1 (c) of the International Convention on Elimination of All Forms of Racial Discrimination, the Constitutional Court of BiH decided to postpone the decision making for its following session.

In case U 4/04, concerning a request of Mr. Sulejman Tihić, who was at the time of filing the request a Chair of Presidency of Bosnia and Herzegovina, for review of constitutionality of Articles 1 and 2 of the Law on Coat of Arms and Flag of Federation of Bosnia and Herzegovina, Articles 1, 2 and 3 of the Constitutional Law on Flag, Coat of Arms and Anthem of the Republika Srpska, Articles 2 and 3 of the Law on Use of Flag, Coat of Arms and Anthem and Articles 1 and 2 of the Family Patron-Saint''s Days and Church Holidays of Republika Srpska, the Constitutional Court decided to take a partial decision. In regards to part of the request referring to Articles 1 and 2 of the Law on Family-Patron''s Days and Church Holidays of the Republika Srpska and having regard to the fact that adoption of new law is currently in the process, the Constitutional Court decided to postpone its decision on this issue, as well as on the issue of flag referred to in Article 1 of the Constitutional Law on Flag, Coat of Arms and Anthem of the Republika Srpska.

In the partial decision adopted today, it was established that Articles 1 and 2 of the Law on Coat of Arms and Flag of the Federation of Bosnia and Herzegovina and Articles 2 and 3 of the Constitutional Law on Flag, Coat of Arms and Anthem of the Republika Srpska are not in conformity with Article II.4 of the Constitution of Bosnia and Herzegovina in connection with Article 1.1 and 2 (a) and (c) of the International Convention on Elimination of All Forms of Racial Discrimination under Annex I to the Constitution of Bosnia and Herzegovina. Parliament of the Federation of Bosnia and Herzegovina and National Assembly of Republika Srpska are ordered, in accordance with Article 63 para 4 of the Rules of the Constitutional Court of Bosnia and Herzegovina, to conform these provisions to the Constitution of Bosnia and Herzegovina within time limit of six months, from the date of publishing this Decision in Official Gazette of Bosnia and Herzegovina.

It was established that Article 2 of the Law on Use of Flag, Coat of Arms and Anthem in the part providing that flag, coat of arms and anthem of the Republika Srpska „represent statehood of the Republika Srpska“ is not in accordance with Article I.1 and I.2 of the Constitution of Bosnia and Herzegovina and that Article 3 of the Law on Use of Flag, Coat of Arms and Anthem, in the part providing that symbols of the Republika Srpska are used «in accordance with moral norms of Serb people“ are not in accordance with Article II.4 of the Constitution of Bosnia and Herzegovina in connection with Articles 1.1 and 2 (a) and (c) of the International Convention on Elimination of All Forms of Racial Discrimination under Annex I to the Constitution of Bosnia and Herzegovina so that the Constitutional Court annulled them respectively. The annulled provisions shall not be in force as of the following date from the date of publishing this Decision in «Official Gazette of Bosnia and Herzegovina» pursuant to Article 63, para 3 of the Rules of the Constitutional Court.

The Constitutional Court concludes that it is the legitimate right of the Bosniac and Croat people in the Federation of BiH and the Serb people in the Republika Srpska to preserve their tradition, culture and identity through legislative mechanisms but equal right must be given to the Serb people in the Federation of BiH and Bosniac and Croat peoples in Republika Srpska and other citizens of Bosnia and Herzegovina. The Constitutional Court further holds that it may not consider as reasonable and justified the fact that any of the constituent peoples has a privileged position in preservation of tradition, culture and identity as all three constituent peoples and other citizens of Bosnia and Herzegovina enjoy the rights and fulfill obligations in the same manner as provided for in the Constitution of Bosnia and Herzegovina and Constitutions of the Entities. Moreover, it is of a particular importance the fact that the identity of the constituent peoples, education, religion, language, fostering culture, tradition and cultural heritage are defined in the Constitution of the Federation of BiH and Constitution of the Republika Srpska, as the vital national interests of the constituent peoples.

Constitutional Court proceeds with the session. The public shall be duly informed on the continued session.

All adopted decisions will be available on the web page of the Constitutional Court one month following the submission to the appellants.

Dusan Kalember
Secretary General
Constitutional Court of Bosnia and Herzegovina

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XVI Congress of the Conference of European Constitutional Courts
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