The Constitutional Court of Bosnia and Herzegovina has held today, by electronic means, the 107th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 3772/18 - The Constitutional Court concluded that, inter alia, there had been a violation of the appellant’s right to a fair trial regarding the issuance of a decision within a reasonable time under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) where the proceedings concerned (administrative proceedings and the proceedings of extraordinary review of judicial decision whereby the appellant requested the reinstatement into possession of apartment) lasted longer than 19 years, which is a priori outside of the reasonable time-limit and requires a global assessment. The length of these proceedings could be justified only under the exceptional circumstances.
AP 2778/18 - The Constitutional Court concluded that there had been a violation of the right to the termination of investigation within reasonable time as set forth in Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention wherein the Prosecutor's Office of Bosnia and Herzegovina, in the case which is complex and of importance for the appellant, has been conducting the investigation procedure for five years and five months and, in doing so, it failed to offer the persuasive and logical reasons to justify the length of the particular procedure.
AP 209/20 – The Constitutional Court concluded that the challenged ruling of the Appellate Panel of the Court of Bosnia and Herzegovina has not been in violation of the principles upheld by the Constitution of Bosnia and Herzegovina, in particular, Articles I(2), II(1) and II(2) and Article 25 of the International Covenant on Civil and Political Rights in conjunction with these principles in the context of prohibition provided for by the Election Law of Bosnia and Herzegovina that the candidacy may not be withdrawn during the mandate period for which a political party appointed the candidates after the candidate list has been verified. At the same time, the given limitation is equally justified in the context of legal certainty the aim of which is the protection of election rules regulated by the Election Law of Bosnia and Herzegovina.
All decisions adopted at today’s session will be delivered to the appellants within one month and posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.