An appeal is ratione materiae incompatible with the Constitution where a challenged decision, which has been adopted in the course of enforcement proceedings, does not relate to new and special determination of civil rights in relation to the decision adopted in the civil proceedings.
• Decision on Admissibility No. AP 939/04 of 13 October 2005, paragraph 12
The decisions that are adopted in the course of enforcement of legally binding judgment are not relating to a new and special determination of civil rights in the case where the appellant has failed to present a relevant fact in the civil proceedings which could then lead to different outcome of that civil proceedings. It is because presenting that fact in the enforcement proceedings could not and it did not lead to new and special determination of the appellant’s rights in relation to the civil proceedings.
• Decision on Admissibility No. AP 1075/04 of 17 November 2005, paragraph 7; enforcement proceedings; the appeal is ratione materiae incompatible with the BiH Constitution
The challenged ruling on enforcement was adopted on the basis of the Order requesting the return of items and therefore it is not an act of the court which was adopted as a result of “determination of grounds for criminal charge” against the appellant “in the criminal proceedings” because the said proceedings was terminated 8 years prior to adoption of the mentioned order. Also, the order on return of items is not a result of proceedings in which “civil rights and obligations” would be determined within the meaning of Article 6(1) of the European Convention. Therefore, the ruling on enforcement which was adopted based on the Order not arising from the criminal or civil proceedings does not fall within the scope of Article 6(1) of the European Convention.
• Decision on Admissibility No. AP 895/05 of 9 February 2006, paragraphs 16 and 18
• Decision on Admissibility No. AP 1135/05 of 27 June 2006, paragraph 9
• Decision on Admissibility No. AP 1236/05 of 13 June 2006, paragraph 10
• Decision on Admissibility No. AP 1336/05 of 20 October 2006, paragraph 9
