Request for review – granted

Upon the adoption of the decision which is a subject of review, the Constitutional Court, in its subsequent decisions No. U 1/02 of 19 November 2004 (paragraph 26) and U 77/03 of 19 November 2004 (paragraphs 27 and 28), has taken a position that could have a decisive effect on the outcome of the dispute in question when it comes to determining whether the issue concerned the “home” of the appellant within the meaning of Article 8 of the European Convention. Furthermore, in the decision which is the subject of review (paragraph 36), the Constitutional Court referred to its previous position from decision No. U 1/02 of 26 September 2003. The said decision was published in the Official Gazette of Bosnia and Herzegovina, 8/04 of 24 March 2004. However, the Constitutional Court subsequently adopted Ruling No. U 1/02 of 29 October 2004 on review of the above referenced decision and adopted a new decision No. U 1/02 on 19 November 2004.
Ruling No. U 49/03 of 22 July 2005, paragraph 10