The Constitutional Court concludes that the provisions of Article 433(1) of the Civil Procedure Code of the Republika Srpska is consistent with Article II(2) of the Constitution of Bosnia and Herzegovina and Article 13 of the European Convention in conjunction with the right to property, since the impugned provision clearly regulates civil proceedings upon an appeal in small claims disputes and falls within the scope of discretionary right of a State to regulate its legal system and to impose limitations on the right to file an appeal, while the fact that the party who is dissatisfied with the decision of the first instance court can no longer challenge that decision on the ground of erroneously or incompletely established state of facts does in no way call into question the guarantees provided in Article 13 of the European Convention in connection with the right to property.
• Decision on Admissibility and Merits No. U 23/18 of 5 July 2019 published in the Official Gazette of Bosnia and Herzegovina, 53/19
The Constitutional Court concludes that the provision of Article 17(22) of the HJPC Law, in conjunction with Article 18(a) of the HJPC Law, is not incompatible with the provision of Article I(2) of the Constitution of Bosnia and Herzegovina as the mentioned provisions (Article 17(22) of the HJPC) do not disclose anything imprecise or unclear which could bring into question the standard of the quality of law to the extent that it would be incompatible with the rule of law under Article I(2) of the Constitution of Bosnia and Herzegovina, nor is there any incompatibility between the same provisions (Article 18(a) of the HJPC Law) and Law on Court of Bosnia and Herzegovina to the extent that the democratic principles under Article I(2) of the Constitution of Bosnia and Herzegovina would be violated.
• Decision on Admissibility and Merits No. U 4/19 of 5 July 2019 published in the Official Gazette of Bosnia and Herzegovina, 53/19
The Constitutional Court finds that the provisions of Article 2 (2) and (3) of the Law on the Amount of Default Interest Applicable to Unsettled Debts (Official Gazette of the Federation of Bosnia and Herzegovina, 56/04, 68/04, 29/05 and 48/11), [which prescribe that the default interest referred to in paragraph 1 of this Article shall not be calculated for the period of the state of war from 18 September 1991 until 23 November 1995, and that, exceptionally from the provisions of paragraphs 1 and 2 of this Article, the default interest at the rate of 0.5% per annum shall be paid on the amount of compensation for damages (principal) determined by enforcement documents (court judgments and court settlements) and out-of-court settlements on the basis of insurance defined by the Law on Insurance of Property and Persons (Official Gazette of the Federation of BiH, Nos. 2/95 and 6/98) for the period between 18 September 1991 and 23 December1996], are not in accordance with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention.
The Constitutional Court finds that Article 4 of the Law on the Amount of Default Interest Applicable to Unsettled Debts (Official Gazette of the Federation of Bosnia and Herzegovina, 56/04, 68/04, 29/05 and 48/11), [which stipulates that the proceedings for determining the amount of default interest referred to in Article 1 of this Law, which have not been completed by the day this Law enters into force or are completed but not enforced, shall be completed according to the provisions of this Law and the interest rate of 12% per annum], is compatible with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
• Decision on Admissibility and Merits No. U 6/19 of 4 October 2019, published in the Official Gazette of Bosnia and Herzegovina, 90/19
