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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
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| Sessions | | | 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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