14th session of the Grand Chamber

The Constitutional Court of BiH held today its regular 14th session of the Grand Chamber.

Within its regular session, the Court examined a number of appeals lodged for alleged violation of the constitutional rights of the appellants.

Deciding on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to adoption of decision within reasonable time-limit, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.

In cases in which the Court found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, in line with Article 72(5) of the Rules of the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.

In a number of cases, the Court established that the appellants requests were not justified i.e. the facts the appellants presented to the Court could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings do not bear consequences of violation of rights protected by the Constitution. The Court rejected such appeals which were manifestly (prima facie) ill-founded and inadmissible.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeals lodged in an untimely fashion, after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.

All decisions adopted at the session shall be published on the webpage of the Constitutional Court of Bosnia and Herzegovina within a time limit of one month, following the delivery to the appellants.
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