Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, its 129th ordinary session of the Grand Chamber.
Of decisions it adopted today, the Constitutional Court has singled out the following:
AP 3900/19 – The Constitutional Court concluded by referring to its case-law that there had been a violation of the right to home under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as the interference with the appellant's right was unlawful, given the fact that the Cantonal Court of Mostar had based its decision on the General Conditions for Electricity Supply, and not on the provisions of the Law on Real Rights of the Federation of Bosnia and Herzegovina and had failed to give reasons for considering that the mentioned Law was not applicable to the present case, notably given the fact that the Municipal Court of Mostar had based the well-foundedness of the claim on the Law on Real Rights.
AP 532/21 – The Constitutional Court conluded, inter alia, that there had been no violation of the appellant's right to home under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms when the health care institutions of the Canton of Sarajevo had not provided the assistance of health care workers to the appellant when giving birth at home, since the interference with the appellant’s right to private life had been lawful, pursued the legitimate aim of protecting the health and safety of mothers and children during and after the childbirth, and the public authorities had not exceeded by the mentioned interference the margin of appreciation that was afforded to them regarding that matter.
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.