66th Session of the Grand Chamber

The Constitutional Court of Bosnia and Herzegovina held today its regular 66th session of the Grand Chamber.

Inter alia, 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 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.

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.

In all 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, in accordance with Article 72(5) of the Rules of the Constitutional Court of Bosnia and Herzegovina, within a time-limit of three months from the date of delivery of the relevant decisions, on the measures taken to enforce the decisions. 

Within the consistent practice of following the status of enforcement of its decisions, at the today's session, the Constitutional Court examined the Report on the Enforcement of the Decisions of the Constitutional Court of Bosnia and Herzegovina, in total and in particular, covering the period January to July 2017.

Inter alia, the Constitutional Court concluded that the Court has adopted in total 29 622 decisions and decided on 59 309 cases in the period from 2005 to July 2017. Out of that number of adopted decisions, ten decisions of the Court were not enforced, four relating to the abstract jurisdiction (U cases) and six relating to the appellate jurisdiction of the Constitutional Court of BiH (AP cases).

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.

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