OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
Bosnia and Herzegovina
fax: (033) 561-134
- from 10:00 to 12:00
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|Constitutional Court ended its 37th plenary session today on 27 January 2007.|
During its second day of the session, the Constitutional Court examined a number of requests on review of constitutionality and appeals on alleged violations of the human rights and fundamental freedoms.
In case no AP-2678/06, the appeal of Stranka za Bosnu i Hercegovinu (Party for Bosnia and Herzegoivna) and Ilijaz Pilav, Constitutional Court verified the final text of the decision. Thus, the Constitutional Court dismissed the appeal filed against the ruling of the Court of Bosnia and Herzegovina no Iz-15/06 of 10 August 2006 and decision of the Central Election Commission no. 01-02-2-1581/06 of 1 August 2006 and no. 01-07-1-913-103-1/06 of 24 July 2006 as ill-founded. The appellants challenged the aforementioned decisions claiming a violation of their right to non-discrimination under Article 1 of Protocol No. 12 of the European Convention, their right to stand for election and to be elected, as provided for by Article 25 of the International Covenant on Civil and Political Rights, and their right of equality before the law and of equal protection of the law, which is guaranteed to the minority group member by Article 4 of the General Convention for Protection of National Minorities.
Constitutional Court established that there is no violation of the appellants’ rights guaranteed by the European Convention, its Protocols, and Additional Human Rights Agreements which are, according to Article II(2) and Annex I of the Constitution of Bosnia and Herzegovina, applied in Bosnia and Herzegovina as long as the challenged decisions have been passed based on the legal provisions prescribing certain restrictions with respect to the exercise of individual rights given the fact that there is an objective and reasonable justification for differential treatment. There is no disputing that the provision of Article V of the Constitution of Bosnia and Herzegovina, as well as the provision of Article 8 of the Election Law have a restrictive character in a way that they restrict the rights of citizens with respect to the candidacy of Bosniaks and Croats from the territory of Republika Srpska and the Serbs from the territory of the Federation of Bosnia and Herzegovina to stand for election as members of the Presidency of Bosnia and Herzegovina. However, the purpose of those provisions is strengthening the position of constituent peoples in order to secure that the Presidency is composed of the representatives from amongst these three constituent peoples. Taking into account the current situation in Bosnia and Herzegovina, the restriction imposed by the Constitution and Election Law, which exist with respect to the appellants’ is justified at this moment.
Constitutional Court dismissed request of National Assembly of Republika Srpska for extension of time limit for enforcement of Partial Decision of the Constitutional Court of Bosnia and Herzegovina, no U 4/04 of 31 March 2006 as there are no grounds for extension of time limit of six months for enforcement of the decision of the Constitutional Court pursuant to Rules of the Constitutional Court. Also, Constitutional Court dismissed the request of National Assembly for review of this decision.
Finally, the Constitutional Court adopted decision establishing that the Parliament of the Federation of Bosnia and Herzegovina and National Assembly of Republika Srpska failed to enforce the First Partial Decision of the Constitutional Court of Bosnia and Herzegovina, no. U 4/04 of 31 March 2006 establishing Articles 1 and 2 of the Law the Law on Coat of Arms and the Flag of the Federation of Bosnia and Herzegovina (Official Gazette of Federation of Bosnia and Herzegovina nos. 21/96 and 26/96) and Articles 2 and 3 of the Constitutional Law on Flag, Coat of Arms and Anthem of the Republika Srpska (Official Gazette of Republika Srpska no. 19/92) as unconstitutional. Considering that that established inconformity was not corrected within a time limit of six months from the date of publishing this decision in the Official Gazette of Bosnia and Herzegovina, the Constitutional Court established Articles 1 and 2 of the Law the Law on Coat of Arms and the 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 shall cease to be in force as of the date this Ruling is published in Official Gazette of Bosnia and Herzegovina. Final text of the decision shall be verified at one of the following sessions of the Constitutional Court.
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