Public interest

Depriving the appellant of a part of financial claim relating to compensation for damage referred to in the car insurance policy, i.e. of the interest rate on the compensation for pecuniary damage, to the moment of termination of the immediate threat of war, meets the requirement of Article 1 of Protocol No. 1 to the European Convention, since the deprivation of property, which derives from the retroactive legislation and under the circumstances of the instant case, may be considered as a proportional measure in the public interest.
•    Decision No. U 44/02 of 23 July 2003, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 38/03; damage compensation based on the automobile liability insurance; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of Bosnia and Herzegovina

There is a public interest in the efficient functioning of the legal system and legal certainty by prescribing certain time limits.
•    Decision on Admissibility and Merits No. AP 239/03 of 30 November 2004, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 15/05; civil proceedings for pecuniary and non-pecuniary damage compensation due to the dismissal from the work

The challenged decisions have not interfered with the public interest which imposes that for the purpose of the legal certainty and exercise of the principle of equality of all individuals before the law and in accordance with the rules expressed in the fundamental legal acts regulating the manner of acquisition, transfer, maintenance and judicial and other protection of property rights, every disputable issue is resolved and right established in the lawful manner.
•    Decision on Admissibility and Merits No. AP 99/04 of 17 February 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 36/05; civil proceedings to establish the ownership rights

The public interest in the instant case is the allocation of the construction land to the citizens to complete the construction work, more precisely a construction of a residential building. If the person to which that right has been allocated does not acquire the public interest within the reasonable time, the public interest requires that the person be deprived of the allocated right in order to continue using the land in the public interest.
•    Decision on Admissibility and Merits No. AP 113/04 of 18 March 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 32/05

A legal regulation of a public transportation is indisputably in the public interest. The state has a certain margin of appreciation in creating a framework and organization of a public transportation – such as the right to impose fines – in order to provide the compliance with the legal requirements and the manner of performing the public transportation.

In that case, the Constitutional Court accepts that the prevention of violation of the requirements prescribed by the law and the manner of public transportation of persons and objects in the public transportation represents a legitimate aim in the public interest.
•    Decision on Admissibility and Merits No. AP 498/04 of 23 March 2005, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 32/05; payment of a fine imposed in the offence proceedings; there is no violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH
The time limit of three years is sufficient to acquire the rights to reimbursement of thesalaries of the employees of the public institutions.
•    Decision on the Merits No. AP 1105/05 of 12 April 2006; paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 59/06; civil proceedings to reimburse salaries

Deprivation of property is in the public interest in a situation when it is done based on the provisions of Article 21(1) of the Law on Customs Minor Offences stipulating the obligatory imposition of a safety measure of confiscation of goods, which is the subject of the customs offence, from the person who committed the offence referred to in Article 19 of the Law on the Customs Minor Offences by carrying the goods which were owned by him while being aware of them not being declared to the customs authorities. The purpose of this provision is to prevent the persons from carrying goods into the national customs area without paying the customs tax and to further circulate the goods entered in the manner so as to be put on the market, sold, bought, received as a gift or kept.
•    Decision on the Merits No. AP 2078/05 of 12 April 2006, paragraph 46, published in the Official Gazette of Bosnia and Herzegovina, 7/07; confiscation of a vehicle due to the customs misdemeanor

There is a public interest in restricting the right by imposing certain time limits reflected in effective sanctioning of legal system and legal certainty so that the appellant’s failure to comply with the time limits prescribed by the law prevented the ordinary courts from taking a decision on the merits on the appellant’s claim.
•    Decision on the Merits No. AP 1105/05 of 12 April 2006, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 59/06; civil proceedings, payment of salaries

The ordinary courts’ decisions have been taken in the public interest whereby they found that the appellant interfered with the servitude right of the plaintiff engaged in farming, who needs that passage and who has enjoyed it without disturbance for more than twenty years to perform his everyday activities.
•    Decision on Admissibility and Merits No. AP 1292/05 of 27 June 2006, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 87/06; servitude right

The appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention has not been violated as the interference with the appellant’s property, i.e. with the obligation of returning the appellant’s funds deposited in dinars, was made in accordance with the law for the purpose of achieving the legitimate social and economic aims in the public interest and in compliance with the principle of proportionality between the appellant’s right to property and the public interest.
•    Decision on Admissibility and Merits No. AP 1109/05 of 8 July 2006, paragraph 48, published in the Official Gazette of Bosnia and Herzegovina, 87/06; civil proceedings, the monetary nominalism

Stipulation of Article 17 of the Agreement on Mutual Rights and Obligations in Applying Pension and Disability Insurance had not a legitimate aim in the public interest whereas the failure to comply with the time limit of six months to file a request for acquisition of the pension amounts to the loss of that right and therefore the interference with the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention was not justified and amounted to the violation of the appellant’s right. Taking into account that the application of Article 17 of the Agreement amounted to the interference with the appellant’s right to property, the administrative authorities and the ordinary courts, taking into account the priority of the European Convention provided for by Article II(2) of the Constitution of Bosnia and Herzegovina, and the right to property, should have applied the provisions according to which the right to pension cannot be barred by the statute of limitations.
•    Decision on Admissibility and Merits No. AP 2213/06 of 10 January 2008, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 27/08; administrative proceedings, the acquisition of the right to the proportional part of pension; the violation of Article 1 of Protocol No. 1 to the European Convention and Article II(3)(k) of the Constitution of BiH established