64th session of the Grand Chamber

The Constitutional Court of BiH held today its regular 64th session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina and 8th session of the Constitutional Court of Bosnia and Herzegovina (composed of 6 national judges).

Pursuant to Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court rejected a number of appeals lodged in an untimely fashion, either after the expiration of time-limit for the submission of appeal or prematurely, or in the cases in which it was established that the appellants failed to use all available legal remedies in the preceding proceedings.

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

In the cases in which the Court established that there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to finalize the proceedings and to inform the Constitutional Court, within a time-limit of three months from the date of delivery of the relevant decisions, on the measures taken to enforce the decisions.

The Court adopted a number of decisions rejecting the appeals as manifestly, prima facie, ill-founded. The facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there was a violation of their rights protected by the Constitution or that the parties to the proceedings bear the consequences of the violation of rights protected by the Constitution.

All decisions taken at the session are to be delivered to the appellants within one month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.

At its 8th session, the Constitutional Court of Bosnia and Herzegovina, composed of six national judges, adopted a few proposals for internal acts of the Constitutional Court of Bosnia and Herzegovina, more specifically: Rules on Protection of Classified Information of the Constitutional Court of Bosnia and Herzegovina, Decision on Patty Cash Maximum, Decision on the Procedures for the Accounts Payable of the Constitutional Court of Bosnia and Herzegovina, which determines the basis for creating payables and persons authorized to approve payables of the Constitutional Court of Bosnia and Herzegovina.

The Rules on the Protection of Classified Information regulate the designation of classified information, access and use thereof, classification, treatment of classified information, change in level of classified information and declassification of information, and handling and protection of classified information of the Constitutional Court of Bosnia and Herzegovina in so far as they are not regulated in other acts of the Constitutional Court.

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