On 30 and 31 March 2017 the Constitutional Court of Bosnia and Herzegovina held its 103rd plenary session.
The Constitutional Court decided on a number of requests for the review of constitutionality and appeals on purported violations of human rights and fundamental freedoms.
For the purpose of illustration, we single out the following:
The Constitutional Court of Bosnia and Herzegovina held a deliberation in case no. U 6/16 on a request lodged by Mrs. Borjana Krišto, the Second Deputy Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, for review of the constitutionality of Article 114(3) of the Law on Police Officials of Bosnia and Herzegovina in respect of Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6(1) and (2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. A Decision in the mentioned case will be passed at the next session.
The Constitutional Court of Bosnia and Herzegovina held a deliberation in case no. U 5/16 on a request lodged by Mrs. Borjana Krišto, the Second Deputy Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, for review of the constitutionality of certain provisions of the Criminal Procedure Code of Bosnia and Herzegovina. A Decision in the mentioned case will be passed at the next session.
In case no. U 19/16, the Constitutional Court rejected as inadmissible a request filed by thirty representatives in the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina for review of the constitutionality of the Law on Higher Education of the Tuzla Canton, as the Constitutional Court of Bosnia and Herzegovina was not competent to take a decision.
In deciding the case no. U 20/16, the Constitutional Court granted the request of the Municipal Court of Bihać (Judge of the Municipal Court of Bihać, Dino Muslić) and found that the provision of Article 1 of the Law on Amendments to the Law on the Enforcement Procedures of the Federation of Bosnia and Herzegovina was not compatible with Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Right and Fundamental Freedoms, as it stipulated that real property could be sold at a third foreclosure hearing without lower price limits compared to the appraised price upon prior consent given by the executive branch of government (Tax Administration). If the Tax Administration denied the consent to the proposed price being lower than the determined price, it should offer the court the realistic appraisal of the value at which the real property could be sold at the third foreclosure hearing, thereby violating Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Right and Fundamental Freedoms.
In the above-referenced case the Constitutional Court, pursuant to Article 61(4) of the Rule of the Constitutional Court of Bosnia and Herzegovina, ordered the Parliament of the Federation of Bosnia and Herzegovina to harmonize the provision of Article 1 of the Law on Amendments to the Law on the Enforcement Procedures of the Federation of Bosnia and Herzegovina with Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Right and Fundamental Freedoms not later than six months after the publication of the Decision in the Official Gazette of Bosnia and Herzegovina.
The Constitutional Court considered and adopted the Work Report of the Constitutional Court of Bosnia and Herzegovina for 2016 and the Report on Budget Execution of the Constitutional Court of Bosnia and Herzegovina for 2016.
All decisions on requests for the review of constitutionality and appeals that are adopted at the session will be communicated to the applicants and appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.
