The Constitutional Court of Bosnia and Herzegovina held today its 169th online plenary session.
At this session, the Constitutional Court decided on a great number of appeals related to violations of the right to a fair trial within a reasonable time. In case no. AP-2531/23, the Constitutional Court established a violation of the right to a fair trial in relation to adopting a decision within a reasonable time, given that the administrative procedure and the dispute are pending for more than 23 years and have not yet been concluded. This was a result of the inefficient conduct of the administrative authorities and the fact that the case has been remanded for retrial several times.
In addition, the Constitutional Court adopted numerous decisions dismissing appeals due to various grounds of inadmissibility prescribed by Article 18 of the Rules of the Constitutional Court. The most common reasons for dismissal referred to the filing of appeals after the time limit, non-exhaustion of legal remedies available under the law, and ratione materiae incompatibility with the Constitution of Bosnia and Herzegovina.
The Constitutional Court also adopted a lot of decisions rejecting appeals as inadmissible for being manifestly (prima facie) ill-founded. This implies that there was nothing in the appeal and contested decisions indicating that the allegations made in the appeal raise constitutional issues, i.e. there is nothing indicating the existence of an “arguable claim” within the meaning of Article 18(4) of the Rules of the Constitutional Court that should be examined on the merits. Therefore, those allegations were rejected as manifestly (prima facie) ill-founded.
At today's session, a great number of requests for interim measures were considered and dismissed.
All decisions adopted at this plenary session will be published on the website of the Constitutional Court of Bosnia and Herzegovina and communicated to the appellants no later than one month after their adoption.
