BosanskiEnglishHrvatskiSrpskiSrpski
LinkoviKontaktIn Memoriam
Menu
NEWS


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    
26 November 2010 - The Constitutional Court of Bosnia and Herz November egovina held today its 64th Plenary session.

In Case No. U 5/10, the Constitutional Court, upon a request filed by Ms. Zuhra Hodžić Seknić, a Judge of the Cantonal Court of Mostar, found that Article 3 of the Law Amending the Law on Enforcement Proceedings (Official Gazette of the Federation of BiH, No. 39/09) was unconstitutional.

The law provisions challenged in the request read as follows:

“Article 137(a)


Finances of the institutions mentioned under Article 79(a) paragraph 2 of this Law, which are used for the activities undertaken in the public interest and which secure the exercise of the rights mentioned in Article 79(a) paragraph 2 of this Law, shall be exempted from the enforcement.

Article 137(b)


The competent court shall decide in a case by case basis whether the requirements for exemption from the enforcement mentioned in the previous Article have been met.”

The Government of the Federation of BiH was ordered to remove the unconstitutionality from the challenged provisions within a time limit of three months as of the date of publishing this Decision in the Official Gazettes.

Furthermore, in this case, the Constitutional Court has taken a stand that every individual judge who deals with a particular case has an obligation to institute proceedings for review of constitutionality of a legal norm before the Constitutional Court of Bosnia and Herzegovina under Article VI(3)(c) of the Constitution of BiH, if it considers it unconstitutional. In that way, judges as holders of judicial power had the role of upholders of the Constitution of BiH and principle of legal state within the meaning of Article I(2) of the Constitution of Bosnia and Herzegovina. This Decision also represents a new-case of the Constitutional Court of BiH.


In Case No. 7/10, the Constitutional Court, having dealt with requests lodged by the Bosniac Caucus to the Council of Peoples of the Republika Srpska, Mr. Sulejman Tihic, Deputy Chair of the House of Peoples of the Parliamentary Assembly of BiH, and Mr. Beriz Belkic, Deputy Chair of the House of Representatives of the Parliamentary Assembly of BiH for a review of the constitutionality of Article 52(2) of the Rules of Procedure of the Constitutional Court of the Republika Srpska (Official Gazette of the Republika Srpska, No. 29/05), rejected them as inadmissible due to the lack of jurisdiction of the Constitutional Court of Bosnia and Herzegovina to take a decision.

In Case No. U 9/09, the Constitutional Court dealt with a request filed by the Croat Caucus to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for a review of the constitutionality of the provisions of Article 19.1, 19.2, 19.3, 19.4, 19.5, 19.6 and 19.7 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), the provisions of Article VI.C. paragraphs 4 and 7 of Amendment CI to the Constitution of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina No. 9/04), paragraph 1 of the introductory part and paragraph 2 of the Decision of the High Representative for Bosnia and Herzegovina enacting the Statute of the City of Mostar and the provisions of Articles 7, 15, 16, 17, 38, 44 and 45 of the Statute of the City of Mostar (Official Gazette of the City of Mostar, No. 4/04).

The Constitutional Court of BiH adopted a partial decision on the merits of the case. Given the complexity of the case, the Constitutional Court had to decide several different issues. The respective conclusions of the Constitutional Court are as follows:

- the provisions of Article 19.5 paragraphs 1 and 9 of the Election Law and Article 16 of the Statute, which stipulate a lower limit and an upper limit on the number of representatives from each constituent people within the City Council, do not discriminate against the Croat People in the enjoyment of their rights under Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights.

- the provisions of Article 19.2 paragraphs 1 and 3, and Article 19.4 paragraph 1, as a result of which there are widely varying numbers of electors in constituencies based on the former city areas in Mostar, violate Article 25.b) of the International Covenant on Civil and Political Rights, and (b) the provisions of Article 19.2, paragraph 1 and Article 19.4, paragraphs 2 to 8 making it impossible for voters in the Central Zone of Mostar to vote for councillors to represent that Zone, in addition to councillors to represent the city-wide constituency, violate Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights.

- Article 7 paragraphs 1 and 3, Article 15 paragraph 2, Article 17 paragraph 1, and Article 38 paragraph 1 of the Statute of the City of Mostar, which make it impossible for the voters in the Central Zone of Mostar to vote for councillors to represent that Zone, in addition to councillors to represent the city-wide constituency, are in violation of Article II(4) of the Constitution of Bosnia and Herzegovina taken together with Article 25.b) of the International Covenant on Civil and Political Rights. The Constitutional Court ordered the Parliamentary Assembly of Bosnia and Herzegovina to change and amend the unconstitutional provisions of the Election Law of Bosnia and Herzegovina in accordance with this decision within six months form the publication of this decision in the Official Gazette of Bosnia and Herzegovina. The Constitutional Court has adjourned further proceedings on this part of the request sine die pending the amendment of the Law on Elections of Bosnia and Herzegovina in accordance with this decision. The Constitutional Court ordered the Council of the City of Mostar to inform the Constitutional Court, within three months following the day on which the Parliamentary Assembly made the amendments to the Law on Elections in the Official Gazette of Bosnia and Herzegovina, about the steps the Council has taken to bring the Statute of the City of Mostar into line with the Constitution of Bosnia and Herzegovina.

- Article 19.7 of the Election Law, Article VI.C paragraph 7 of the Amendment to the FBiH Constitution and Articles 44 and 45 of the Statute, according to which the citizens of the City of Mostar elect their mayor in a manner which is different from the one in which the citizens of the City of Banja Luka elect their mayor, are consistent with the rights of the citizens of the City of Mostar safeguarded under Article 25.b) of the International Covenant on Civil and Political Rights, and do not discriminate against the citizens of the City of Mostar in the enjoyment of that right contrary to Article II(4) of the Constitution of Bosnia and Herzegovina.

- it is unnecessary to decide whether Article 19.4 paragraph 2 of the Election Law and Article 17 paragraph 1 of the Statute are in violation of a fundamental principle of the Election Law, or to examine the challenged provisions of Articles 19.1, 19.2, paragraph 2, 19.3, 19.5 and 19.6 of the Election Law and provisions of Article VI.C paragraph 4 of Amendment CI to the F BiH Constitution by making reference to the unsupported allegations of the applicant referring to the International Convention on Elimination of All Forms of Racial Discrimination.

Finally, as to the relevant case, the decision has been made that the international and legal instruments under Annex I to the Constitution of BiH would be applied as a whole and not only in relation to discrimination as it has been the case so far! In this way the scope of the protection of human rights and fundamental freedoms under the Constitution of BiH will be considerably extended. This is also a new constitutional and legal position of the Constitutional Court of BiH.

The Constitutional Court will resume its 64th plenary session on 27 November 2010 at 09:30 hrs.


Back to sessions 
<< November 2010 >>
M T W T F S S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30          
7.10.2014.
8th session of the Grand Chamber
25.9.2014.
88 plenary session - second day
24.9.2014.
88th plenary session
18.9.2014.
Agenda of the 88th plenary session
17.9.2014.
7th session of the Grand Chamber