Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, its 110th 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 222/20 - wherein the Constitutional Court concluded that there had been a violation of the appellant's right to an impartial tribunal as a segment of the right to a fair trial to under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) in a situation where a statement of the Vice-President of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC) clearly showed prejudices and disfavour to the appellant, which was the reason why her participation in the proceedings upon that statement constituted the violation of the standards of impartiality.
AP 4436/19 - wherein the Constitutional Court concluded that there had been a violation of the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for unlawful interference with the appellant's property in a situation where the relevant administrative authorities and Court of BiH disregarded the fact that the refund of unlawfully collected tax related in its major part to the value added tax (VAT), which rightfully brought into question the exclusive application of the Law on Customs Policy of BiH, which had been applicable at that time, taking into account Article 1(2) of the Law on Indirect Taxation and fact that the provisions of the mentioned Law explicitly stipulates the obligation of the relevant authority to refund the funds and pay default interest.
AP 4803/18 - wherein the Constitutional Court concluded that there had been a violation of the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention as the ordinary courts, when considering the appellant’s allegations related to the time-barred claims, had arbitrarily considered the nature of the communal compensation as temporary claims and had arbitrarily applied the provision of Article 379 of the Law on Obligations, which all together amounted to an unlawful interference with the appellant’s peaceful enjoyment of property.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
