An individual must not be overburdened in determining the most efficient way of exercising his rights.
• Decision No. U 18/00 of 10 May 2002, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 30/02
There is no violation of Article 13 in case when the appellant had legal means at his disposal and when he used all legal remedies before the aforementioned courts and when the courts rendered appropriate judgments upon them.
• Decision on the Merits No. U 70/03 of 30 January 2004, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 11/04;
• Decision on Admissibility and Merits No. U 94/03 of 17 May 2004, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 34/04
The fact that the outcome of legal remedies is not a positive consequence for the appellant does not constitute in itself a violation of the right to an effective legal remedy.
• Decision on the Merits No. AP 1100/05 of 17 November 2005, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 22/06; the eviction of the appellant for the return of apartment to a pre-war occupancy right holder
Article 13 of the European Convention does not oblige the state to provide the possibility of appealing to a higher court in order to establish whether a right to the European Convention has been violated.
• Decision on the Merits No. AP 68/05 of 20 December 2005, paragraph 41, published in the Official Gazette of Bosnia and Herzegovina, 37/06
The effectiveness of the legal remedy is not reflected only in the fact that it is prescribed legally and formally, but also in the fact that it is efficient in practice.
• Decision on Admissibility and Merits No. AP 953/05 of 8 July 2006, paragraph 55, published in the Official Gazette of Bosnia and Herzegovina, 20/07; the removal from office by the High Representative;
• Decision on Admissibility and Merits No. AP 2582/05 of 16 January 2007, paragraph 42, published in the Official Gazette of Bosnia and Herzegovina, 38/07; the deprivation of liberty by SFOR
Legal remedies provided for the protection of rights must be physically available, they must not be hindered by the acts, omissions, delays or negligence on the part of the authorities, and they must be capable of protecting the rights in question.
• Decision on the Merits No. U 36/02 of 12 September 2006, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 9/04;
• Decision on Admissibility and Merits No. AP 1431/05 of 30 January 2004, paragraph 51, published in the Official Gazette of Bosnia and Herzegovina, 9/07;
• Decision on Admissibility and Merits No. AP 2582/05 of 16 January 2007, paragraph 42, published in the Official Gazette of Bosnia and Herzegovina, 38/07; the deprivation of liberty by SFOR
The Constitutional Court concludes that there is also a violation of the right to an effective legal remedy under Article 13 of the European Convention in conjunction with the right to a trial within a reasonable time under Article 6(1) of the European Convention. There is no effective legal remedy by which the appelants, prior to filing an appeal with the Constitutional Court, would be granted speeding up of the pending proceedings or redress for delay that had already occurred.
• Decision on Admissibility and Merits No. AP 4101/15 of 10 May 2017, paragraph 118, published in the Official Gazette of Bosnia and Herzegovina, 43/17; civil proceedings, length of proceedings
The Constitutional Court concluded that there had been a violation that in the present case there had been of the right to an effective legal remedy under Article 13 of the European Convention in connection with the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention, where the ordinary court, while delivering the decision that the appellant had the right to appeal, applied with unacceptable formalism legal provisions on delivery, which amounted to the lack of due diligence on the part of the ordinary court, because it knew de facto appellant’s address.
• Decision on Admissibility and Merits No. AP 2970/16 of 11 October 2018, paragraph 47, published in the Official Gazette of Bosnia and Herzegovina, 80/18; delivery, violation of Article 13 of the European Convention in connection with the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention
