133rd session of the Grand Chamber

Today, the Constitutional Court of Bosnia and Herzegovina has held 133rd ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.

Of decisions it adopted today, for illustration, the Constitutional Court has singled out the following:

AP 2985/19 – The Constitutional Court, inter alia, concluded, applying to the instant case the case-law of the Constitutional Court set out in the cases U 7/12 and U 29/13, that there has been a violation of the prohibition of discrimination since the contested judgement of the ordinary court was based on the Law on Salaries and Other Compensations of Judges and Prosecutors in the Federation of Bosnia and Herzegovina. This law does not contain provisions regulating the separate living allowance and accommodation costs.

AP 952/20 – The Constitutional Court concluded that there was no violation of the appellant’s safeguards arising under Article 6 paragraph 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The violation was found as the statements of the Prosecutors of the Prosecutor’s Office given on the press conference referred to in the appeal, do not represent the statements on the appellant’s guilt given their content and in the context of specific circumstances in which the statements were given. Indeed, they were given within the scope of the raised Indictment.

AP 2517/20 – The Constitutional Court concluded that there has been a violation of the right to a fair trial, when, in the circumstances of the particular case, the appellant’s doubt as to the bias of the appointed judge was legitimate and had an objective justification. In addition, the ordinary court, deciding on the appeal, has failed to decide on his request for disqualification of the judge. This oversight could not have been resolved even in the proceedings on the legal remedy, which was conducted by the higher court.

All decisions adopted at today’s session will be delivered to the appellants within one month and published at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.

Related content