The keyword search tool is designed to allow the user to perform the search of the database of the Constitutional Court's decions in the most efficient and prompt manner. It allows the user to perform the search by several keyword categories: by European Convention, Constitution of BiH, admissibility and alphabetical glossary.
Keyword search by European Convention can also be described as search by Articles of the European Convention. Decisions in cases concerning certain Article or paragraph of the European Convention or term within particular Article of the European Convention is easily found by selecting keyword corresponding to that Article/paragraph or term.
For example, Article 5 paragraph 2 of the European Convention reads: Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. The keywords associated with this Article or paragraph of the European Convention are set up exactly as found in the text of this Article: prompt information, information in language understood, information on charge. The same is done for keywords concerning other Articles of the European Convention.
We believe that this search tool is extremely accurate and simple.
Here it is only necessary to further explain keywords containing the title of Article of the European Convention and the word general (for example, Article 6 of the European Convention - right to fair trial – general). This keyword is associated with those decisions that could not be associated, considering the circumstances of the case, with more specific term. So for example, decisions in which Article 6 was examined in general, without giving specific aspect of that Article, are associated with keyword Article 6 of European Convention - right to a fair trial – general. The same is done for other keywords and other Articles of the European Convention. Keywords by the Constitution of BiH are set up according to the jurisdictions of the Constitutional Court as provided for by the Constitution of BiH and categorized according to the abstract jurisdiction of the Constitutional Court (for cases dealing with examination of the compliance with the Constitution) into three keywords: jurisdictions arising under Article IV(3)(f) (vital interest), VI(3)(a) (review of constitutionality) and VI(3)(c) (issues referred by regular courts).
Keywords by admissibility have been determined as per jurisdiction of the Court arising under Article VI(3)(b) of the Constitution (appellate jurisdiction) and as per admissibility requirements under Article 16 of the Rules of the Constitutional Court. These keywords are used to search decisions wherein appeal admissibility requirements were not met (appeals rejected as inadmissible for one of the requirements under Article 16(4) of the Rules of the Constitutional Court. For example, the appeal is rejected as inadmissible as it is rationae materiae inadmissible). However, this type of keywords is also determined as per jurisdictions arising under Articles VI(3)(a), VI(3)(c) and IV(3)(f) and request admissibility requirements referred to in Article 17 of Rules of the Constitutional Court (abstract jurisdiction). These keywords allow the user to search decisions wherein the admissibility requirements under Articles VI(3)(a), VI(3)(c) and IV(3)(f) of the Constitution were not met (request was rejected as inadmissible on the account of one of the requirements under Article 17(1) of the Rules of the Constitutional Court. For example, the request is rejected as inadmissible for lack of competence of the Constitutional Court to take decision).
In addition, another type of keywords within this category are keywords concerning termination of proceedings (Article 65 of the Rules of the Constitutional Court), interim measures (Article 77 of the Rules), requests for review (Article 70 of the Rules) and rulings on failure to enforce the Court’s decisions.
Search by alphabetical glossary should be the most straightforward search. By selecting one or combination of several terms, desired decision can be found.
This represents the explanation of keywords use from the legal point of view.
The following represents an explanation of keywords use from the technical point of view.
Search can begin with entry of words (or first couple of letters) in the box found on top of the search field. By clicking on “search” a list of all keywords is activated containing the term you entered regardless of the type of category. When one or several words on the list are selected, they will appear in box on the bottom of the search field. At this point, one can begin with a search of decisions containing this keyword or perhaps with a selection of several more keywords.
Search by the European Convention will be more fully explained as it is the most extensive.
After deciding to search by the European Convention, a list of all Articles of the European Convention including all Articles of Protocols to the Convention appears. After selecting title of Article, two keywords open. For example: Article 6 of the European Convention – fair trial and Article 6 of the European Convention – fair trial – general. The latter one was discussed earlier. At this point we will only stress that by selecting the first keyword, a listing of all decisions of the Constitutional Court examining Article 6, regardless of aspect of Article 6 examined, will appear. Next to the title of each Article is icon +. By clicking this icon, the terms within the selected Article appear. This can be called subtitles within Article.
For example: to find a decision relating to issue of reasonable time, it is necessary to click icon + next to Article 6 of the European Convention revealing the rest of the list of keywords associated with that Article and then select keywords fair trial - reasonable time. Selected keyword appears in the box at the bottom of the search field (keywords). Search by this system is not limited to selection of one keyword. (However, we note that it is less probable to find decision if several keywords are entered at the same time). After selecting keyword reasonable time, it remains in the box and another keyword can be selected (using the same system by which the first one was selected, while combination of keywords from different types of categories can be made. For example: keyword by the European Convention, together with keyword by alphabetical glossary). If keyword by European Convention is selected while the user wants to additionally select keywords sorted by alphabetical glossary or some other category, it is necessary to return by clicking “back” to initial search field and select another keyword according to some other category. If some of the keywords need to be deleted from the list of keywords selected, this can be done by selecting it with the mouse and then clicking on “clear selected from the list”. When desired keywords are selected, click “OK” and then “search”. Listing of decisions that appear represents the last stage of the Constitutional Court’s case-law search.