63rd session of the Grand Chamber

The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina held today its 63rd regular session.

The Court, inter alia, rejected a number of appeals that had been lodged untimely, subsequent to the expiry of the time-limit for filing an appeal, or prematurely, or in cases where it had found that the appellants had failed to use all the available legal remedies in the previous proceedings.

In deciding upon the appeals relevant to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms in respect of having a decision issued within a reasonable time, upon admissibility and merits, the Court issued a number of decisions establishing a violation of the appellants'' right to a fair trial, i.e. dismissing as ill-founded a number of appeals in cases where it concluded that no such violation was to be found.

In addition, the Court adopted a number of decisions, rejecting as inadmissible the appeals which were manifestly (prima facie) ill-founded. Namely, the appellants’ requests, as established by the Court were not justified, or the facts presented in these cases by the appellants to the Court could not justify in any way the claims by the appellants relative to the violations of their rights as protected by the Constitution or that the parties to the proceedings suffered the consequences of the violation of their rights protected under the Constitution.

In the cases where the Court established a violation of the appellants’ right to a fair trial, the Court ordered the competent courts or administrative authorities expeditiously to complete the proceedings and to notify the Court within three months, pursuant to Article 72(5) of the Rules of the Constitutional Court of Bosnia and Herzegovina, about the measures taken to enforce the respective decisions.

All the decisions adopted at the session will be served on the appellants and published at the web-page of the Constitutional Court of Bosnia Herzegovina within a month.

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