Today, the Constitutional Court of Bosnia and Herzegovina has held its 151st ordinary 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 4754/20 – The Constitutional Court concluded that there has been a violation of the appellant’s right to a fair trial when the ordinary courts failed to consider whether the lawsuit in the particular case was lodged within the legal deadline even though, under the law, they have to monitor the timeliness of lawsuits ex officio both in the first instance and the second instance proceedings.
AP 603/21 - The Constitutional Court concluded that there has been a violation of the right to a fair trial when the ordinary courts dismissed the appellant’s request for a court decision in a situation where the appellant signed the section of the misdemeanour order on acceptance of responsibility. However, they failed to examine and evaluate the appellant’s allegations that he did so under duress.
AP 2080/22 - The Constitutional Court concluded that there has been a violation of the right to a freedom of expression fair trial when the imposition of a disciplinary punishment (public reprimand) to the appellant because of the words he wrote in the appeal against the court’s decision in the case in which he participated as a party to the proceedings, and not as a competent Prosecutor. This is not proportionate to the legitimate goal sought to be achieved, and therefore it was not “necessary in a democratic society”.
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.