The Constitutional Court of Bosnia and Herzegovina held today its 124th session of the Grand Chamber by electronic means.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP-2624/19 - wherein the Constitutional Court concluded, inter alia, that there had been a violation of the second appellants’ right to a fair trial in relation to having a decision within the reasonable time, as one of the aspects of the right to a fair trial 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 as the length of the conducted proceeding was 15 years and 8 months, out of which 11 years could be attributed to the Basic Court of Banja Luka, which had taken approximately 11 years to render the first instance decision without giving any reason for that.
AP-94/21 – wherein the Constitutional Court concluded, inter alia, that there had been a violation of the appellants’ right to a fair trial 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 as the judgments dismissing the appellants’ claim for the determination of paternity by DNA paternity testing, which had been approved and scheduled by the first-instance court in accordance with Article 302(5) of the Family Law of the Federation of Bosnia and Herzegovina, did not contain objective, reasonable and convincing reasoning and application of substantive law, more specifically, Article 302 of the Family Law, was arbitrary given the circumstances of the case.
AP-3493/20 – wherein the Constitutional Court concluded, inter alia, that there had been a violation of the appellants’ right to a fair trial 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 as the Supreme Court of the Federation of BiH had dismissed the appellant’s request for review of the judgment of the Cantonal Court of Sarajevo, which had dismissed the appellant’s appeal against the decision of the Federation Institute for Pension and Disability Insurance (Zavod PIO). The Federation Institute for Pension and Disability Insurance, by erroneously applying substantive law and failing to deal with the ratio legis of the relevant provisions, had failed to take into account the salaries and contributions that the appellant had acquired on the basis of the insurance with the insurer of the Republika Srpska when determining the pension base. Thereby determining the amount of the pension proportionally, and not cumulatively, in contravention of Article 7 of the Agreement on Mutual Rights and Obligations in the Implementation of Pension and Disability Insurance, it had determined the appellant’s proportionate pension at the expense of the Pension and Disability Insurance Fund in the amount less than prescribe.
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.
