110th Plenary Session

The Constitutional Court of Bosnia and Herzegovina, at its 110th plenary session held today, decided and held a preliminary deliberation on the requests for review of the constitutionality of laws in cases nos. U 7/18 and U 8/18, and examined the enforcement of several of its decision. In addition it decided on a number of appeals on purported violations of human rights and fundamental freedoms, and appointed the President and Vice Presidents of the Constitutional Court for a three year term.  

For the purpose of illustration, we single out the following:

In case no. U 7/18, deciding on the request, lodged by 29 Representatives of the National Assembly of the Republika Srpska, for review of the constitutionality of the Law on Land Registry of the Federation of Bosnia and Herzegovina, the Constitutional Court of Bosnia and Herzegovina established that the provisions of Articles 63, 66, 67, 70, 71, 72 and 76 of the Law on Land Registry of the Federation of Bosnia and Herzegovina are in accordance with Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention, Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol 1 to the European Convention, Article 13 of the European Convention in conjunction with the right to a fair trial and the right to property and Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention in conjunction with the right to a fair trial and the right to property.

In case no. U 8/18, the Constitutional Court of Bosnia and Herzegovina held a preliminary deliberation on the request lodged by Mr. Mladen Bosić, Deputy Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina at the time of filing the request, for review of the constitutionality of Articles 2 and 10 of the Constitution of the Posavina Canton, Articles 1 and 8 of the Constitution of the Herzegovina-Neretva Canton, Articles 3 and 9 of the Constitution of the Zenica-Doboj Canton, Articles 4 and 8 of the Bosnian-Podrinje Canton, and Article 10 of the Constitution of the Western-Herzegovina Canton. The Constitutional Court will adopt a decision in this case at one of the subsequent plenary sessions.

Deciding on the case no. AP 4923/17, the Constitutional Court of BiH dismissed as ill-founded the appeal lodged by Mr. Goran Salihović against the Decision of the High Judicial and Prosecutorial Council of Bosnia and Hercegovina no. 04-07-6-175-66/2017 of 15 November 2017 and Decision of the Second Instance Disciplinary Panel for Prosecutors of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina no. 04-07-6-175-56/2017 of 2 October 2017 and Decision of the First Instance Disciplinary Panel for Prosecutors of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina no. 04-07-6-175-44/2017 of 20 July 2017.

In examining the enforcement of its decisions, the Constitutional Court of Bosnia and Herzegovina adopted the rulings in cases nos. U 5/16, U 6/16, U 20/16, U 21/16 and U 2/17.

Pursuant to Articles 81, 83 and 83 of the Rules of the Constitutional Court of Bosnia and Herzegovina, as the current term of office of the President and Vice-Presidents of the Constitutional Court of Bosnia and Herzegovina ended, the Constitutional Court elected the President and Vice-Presidents of the Constitutional Court of Bosnia and Herzegovina for a three year term. Judge Zlatko M. Knežević has been elected as the President of the Constitutional Court of Bosnia and Herzegovina. Judge Zlatko M. Knežević was the Vice-President of the Constitutional Court of Bosnia and Herzegovina to date.

The Judges elected as the Vice-Presidents of the Constitutional Court of Bosnia and Herzegovina are as follows: Mato Tadić, former Vice-President of the Constitutional Court of Bosnia and Herzegovina (from among the Croat People), Mirsad Ćeman, the former President of the Constitutional Court of Bosnia and Herzegovina (from among the Bosniac People), and Margarita Tsatsa-Nikolovska (from among the international Judges).

All decisions related to the requests for review of constitutionality and appeals that are adopted at the session will be communicated to the applicants and appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.

 

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