The determination of civil rights or obligations – related disputes

A data registration procedure cannot be considered to be the determination of civil rights within the meaning of Article 6 paragraph 1 of the European Convention, nor does it concern the rights set forth in Article 1 Protocol No. 1 of the European Convention.
•    Decision No. U 20/01 of 4 May 2001, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 25/01

Article 6 paragraph 1 of the European Convention and Article II(3)(e) of the Constitution of BiH are not applicable to disputes between administrative authorities and employees who occupy positions involving participation in the exercise of powers conferred by public law.

•    Decision No. U 38/00 of 22 June 2001, paragraphs 20 and 21, published in the Official Gazette of Bosnia and Herzegovina, 25/01; the dismissal of the officer from the military service

In case where the ruling of the probate court is clearly based on the law and the facts established in civil proceedings, which can undisputedly be considered to be a “dispute” within the meaning of Article 6 paragraph 1 of the European Convention, then the said proceedings must be considered as a whole. As such, these proceedings are the subject- matter of consideration by the Constitutional Court, where referred to in the appellant’s appeal.
•    Decision No. U 65/02 of 26 September 2003, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 43/03

The appellant’s request lodged with the Municipal Court and the Cantonal Court in respect of her occupancy right relates to the civil right protected under Article 6 paragraph 1 of the European Convention.

•    Decision No. U 32/02 of 24 October 2003, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 6/04; administrative proceedings, the occupancy right transferred to the person who provides support; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

As to the applicability of Article 6 paragraph 1 of the European Convention in the case at hand, the European Court of Human Rights has accepted its jurisdiction to decide the cases that are related to retirement only if the pension is acquired through voluntary contributions to the pension fund previously made by an appellant. However, in the present case, it relates to the domestic law which provides that the war-disabled persons’ right to pension shall be acquired through the mandatory payment of retirement benefits to the relevant pension fund. In view of the above, the Constitutional Court holds that Article 6 of the European Convention is not applicable in the present case.
•    Decision on the Merits No. U 79/03 of 28 November 2003, paragraphs 21 and 22, published in the Official Gazette of Bosnia and Herzegovina, 6/04; administrative proceedings and administrative dispute related to the recognition of the status of disabled war-veteran

In case that the ruling issued by the Supreme Court may result in a cancellation of the decisions rendered in administrative proceedings, then the said proceedings must be considered as a whole. As such, these proceedings are the subject-matter of consideration by the Constitutional Court, where referred to in the appellant’s appeal.
•    Decision on the Merits No. U 63/02 of 21 January 2004, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 13/04; administrative proceedings, the repayment of special tax charged on imported goods; Article 6 of the European Convention is not applicable

In the context of obligations and duties of a judge, the appellant’s position requires her participation in exercise of judicial authority aimed at the protection of the state’s general interests. Consequently, Article 6 paragraph 1 of the European Convention is not applicable to the case in which the ruling terminating the appellant’s employment due to retirement is contested.
•    Decision on Admissibility and Merits No. U 104/03 of 19 April 2004, paragraphs 24 and 25, published in the Official Gazette of Bosnia and Herzegovina, 40/04

The proceedings conducted with regard to a cancellation of the lease contract for business premises are considered to be civil proceedings as regards domestic laws as well as within the meaning of Article 6 paragraph 1 of the European Convention.
•    Decision on Admissibility and Merits No. AP 71/02 of 28 April 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 34/04; non- contentious proceedings to issue an order cancelling the lease agreement related to the disputed business premises

The Constitutional Court notes that the administrative disputes were aimed at determining the existence or non-existence of certain facts or rights decisive for the decisions in administrative proceedings conducted by the customs authorities. However, the Constitutional Court holds that in case where the ruling issued by the Supreme Court may result in a cancellation of the decisions rendered in administrative proceedings, then the said proceedings must be considered as a whole and, as such, these proceedings are the subject-matter of consideration by the Constitutional Court if referred to in the appellant’s appeal (see, Decision of the Constitutional Court in case No. U 65/02).
•    Decision on Admissibility and Merits No. AP 28/02 of 15 June 2004, paragraphs 27 and 28, published in the Official Gazette of Bosnia and Herzegovina, 38/04; the administrative proceedings for reimbursement of money paid for special customs duties

Article 6 paragraph 1 of the European Convention is applicable to the present case given that the authorities, which conducted the proceedings determining the appellant’s liability to pay levy, failed to pay sufficient attention to the important issues indicated by the appellant and it resulted in the appellant’s financial obligation which no doubt has the effect on his property, i.e. on his “civil rights and obligations” within the meaning of Article 6 paragraph 1 of the European Convention.
•    Decision on Admissibility and Merits No. AP 236/03 of 15 June 2004, published in the Official Gazette of Bosnia and Herzegovina, 38/04; Lijanovići

The Constitutional Court notes that the relevant proceedings conducted by the ordinary courts related to compensation for loss of income and, therefore, Article 6 paragraph 1 of the European Convention is applicable in the case at hand.
•    Decision on Admissibility and Merits No. AP 203/02 of 30 June 2004, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 41/04

The proceedings to determine the costs of proceedings must be considered to be the continuation of the litigation and, consequently, it must be considered to be a part of “the determination of civil rights or obligations”.
•    Decision on Admissibility and Merits No. AP 189/02 of 30 June 2004, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 40/04;
•    Decision on Admissibility and Merits No. AP 85/04 of 18 March 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 36/05; the decision awarding the costs of proceedings has been challenged

The civil rights or obligations are not determined in enforcement proceedings but in earlier civil proceedings where the appellant failed to present the relevant facts as to the existence of the lease agreement. Accordingly, Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH are not applicable.
•    Decision on Admissibility No. AP 206/02 of 23 July 2004, paragraph 14 Disputes in respect of compensation, in accordance with the health insurance scheme, relate to the “civil rights”.

•    Decision No. U 66/03 of 21 July 2004, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 41/04

The rights of physical persons and their mutual relations resulting from contract law, i.e. contractual relations, always relate to civil rights.
•    Decision on Admissibility and Merits No. AP 261/03 of 26 August 2004, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 48/04

In accordance with the consistent practice of the European Convention’s bodies, termination of employment, for any reason, falls within the scope of civil rights within the meaning of Article 6 paragraph 1 of the European Convention.
•    Decision on Admissibility and Merits No. AP 221/02 of 26 August 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 48/04

The proceedings related to the payment of debt for utility services is decisive in respect of the appellant’s property and the fact that it related to the payment of debt for utility services rendered by the plaintiff in the exercise of powers conferred by public law is irrelevant for determining the nature of the dispute. Therefore, Article 6 paragraph 1 of the European Convention is applicable to the present case.
•    Decision on Admissibility and Merits No. AP 116/02 of 29 September 2004, paragraphs 23 and 24, published in the Official Gazette of Bosnia and Herzegovina, 54/04; civil proceedings related to the payment of debt for a garbage collection

In addition to the proceedings of a private law nature, the first paragraph of Article 6 of the European Convention is also applicable to the proceedings determining civil rights or obligations and those related to the issuance of construction permits or other permits relating to real property where the outcome of such proceedings is directly decisive for determining the ownership right and, generally, it is applicable to the proceedings the outcome of which has an effect on the use or enjoyment of the right to property (see European Court of Human Rights, Judgment in the case of Fredin of 18 February 1991, Series A, No. 192).
•    Decision on Admissibility and Merits No. U 128/03 of 21 September 2004, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 2/05; construction of additional floor, the proceedings related to the issuance of construction permit, the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The Constitutional Court holds that fair trial standards are applicable also to the proceedings deciding on a request for immunity and, therefore, the final decision on that issue may be examined by the Constitutional Court.
•    Decision on Admissibility and Merits No.  AP 548/03 of 29 October 2004, paragraph 36, published in the Official Gazette of Bosnia and Herzegovina, 40/06;
•    Decision on Admissibility and Merits No. AP 322/04 of 19 November 2004, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 19/05

All employment related claims, apart from those related to civil servants who exercise the powers conferred by public law and protect the general interests of the state, fall within the notion civil rights and obligations.

•    Decision  on Admissibility  and  Merits  No.  U  107/03  of  19  November 2004, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 23/05

Given that all the lower instance court judgments have been modified by the challenged ruling, the appellant is obliged in the enforcement proceedings related to the said ruling to reimburse the amount paid to her husband by way of compensation for damages. So, it undoubtedly follows that the present case concerns the appellant’s property rights and that the relevant proceedings involve her civil rights. Consequently, Article 6 paragraph 1 of the European Convention is applicable to the case at hand.

•    Decision on Admissibility and Merits No. AP 300/04 of 30 November 2004, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 19/05

A right to vote in elections is not a civil right but a subjective political right which relates to the “right to vote” and “the right to stand for election to the legislature”. Therefore, the appeal was not filed because of a violation of a civil right under the European Convention but because of a violation of a political right under Article 3 of Protocol No. 1 to the European Convention. The Constitutional Court therefore concludes that Article 6 paragraph 1 of the European Convention is not applicable in the case at hand as the appellant’s civil rights and obligations under Article 6 paragraph 1 of the European Convention were not to be determined in the proceedings which were terminated by the challenged decision of the Court of BiH.
•    Decision on Admissibility and Merits No. AP 35/03 of 28 January 2005, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 30/05

A dispute on trespass is of a civil nature.
•    Decision on Admissibility and Merits No. AP 434/04 of 18 January 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the dispute on trespass; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH;
•    Decision on Admissibility and Merits No. AP 445/04 of 23 March 2005, paragraph 18, published in the Official Gazette of Bosnia and Herzegovina, 27/05; the dispute on trespass; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

A dispute related to the payment of earned but unpaid salaries is of a civil nature also where the employer is a public institution.
•    Decision onAdmissibility and Merits No.AP752/04 of 18 January 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 44/05; payment of salaries earned in wartime, the inconsistent application of the laws in similar cases; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Irrespective of the fact that the case concerning the reimbursement of the overpaid customs duties was decided in first and second instances by the customs authorities, the dispute is of an economic nature and falls within the scope of Article 6 paragraph 1 of the European Convention since the relevant case related to the right to property, which is a “civil right”.
•    Decision on Admissibility and  Merits No. AP 870/04 of 17 February 2005, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 48/05; the proceedings related to the reimbursement of the overpaid customs duties; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

A dispute related to compensation for pecuniary damages for an injury at work is of a civil nature.
•    Decision on Admissibility and Merits No. AP 489/04 of 17 February 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; civil proceedings, compensation of non-pecuniary damages; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Proceedings conducted in relation to the payment of debt are of a civil nature.
•    Decision on Admissibility and Merits No. AP 473/04 of 18 March 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 40/05; the proceedings related to the payment of debt resulting from the contract, entered into with the State of BiH, on the printing, packaging and distribution of BH Dinar; the violation of Article II(3)(e) of the Constitution of BiH established

The right to compensation for damages in the amount being sought is of a private nature and, as such, it is a civil right and fair trial standards are applicable to this right.
•    Decision on Admissibility and Merits No. AP 428/04 of 23 March 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 32/05; civil proceedings, compensation of pecuniary damages, an arbitrary application of the law; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Employment related claims, apart from those related to civil servants who exercise the powers conferred by public law and protect the general interests of the state, fall within the notion “civil rights and obligations”.
•    Decision on Admissibility and Merits No. AP 398/04 of 23 March 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 32/05; proceedings conducted in relation to the payment of salary, the Supreme Court acted in dispute the value of which did not exceed BAM 15 000; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established;
•    Decision on Admissibility and Merits No. AP 452/04 of 12 April 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 40/05; a labour dispute, the claim related to the payment of salary during a period of lay off; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

A dispute determining the right to payment of salary is of a civil nature.
•    Decision on Admissibility and Merits No. AP 405/04 of 12 April 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 40/05; proceedings conducted in relation to the payment of salary, the Supreme Court’s conduct in the dispute the value of which does not exceed BAM 15 000; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The right to salary while being laid-off is of a civil nature.
•    Decision on Admissibility and Merits No. AP 452/04 of 12 April 2005, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 40/05; a labour dispute, the claim related to the payment of salary during a period of lay off; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Decisions taken in liquidation proceedings and related to a debtor’s property fall within the scope of Article 6 paragraph 1 of the European Convention as the debtor’s “civil rights and obligations” within the meaning of Article 6 paragraph 1 of the European Convention could be temporarily called into question.
•    Decision  on Admissibility  No. AP 914/04  of  12 April  2005,  paragraph  10; liquidation proceedings

Promotion in the civil service does not concern a civil right or obligation within the meaning of Article 6 paragraph 1 of the European Convention and, consequently, it does not fall within the scope of Article 6 paragraph 1 of the European Convention.
•    Decision on Admissibility No. AP 156/05 of 18 May 2005, paragraph 8; the appeal is ratione materiae incompatible with the Constitution of BiH

Disputes between public authorities and employees participating in exercising of authorities under public law, does not involve the application of Article 6 of European Convention.
•    Decision on Admissibility and Merits No. AP 633/04 of 27 May 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 73/05; the disciplinary proceedings conducted against the judge by the High Judicial and Prosecutorial Council; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Right to salary while on sick leave is a civil right.

•    Decision on Admissibility and Merits No. AP 397/04 of 15 June 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 78/05; proceedings conducted in relation to the payment of salary, the Supreme Court’s conduct in the dispute the value of which does not exceed BAM 15 000; the violation of Article 6 of the European Convention established

The proceedings in which the appellants challenge the rulings to terminate the civil proceedings are of a civil nature.
•    Decision on Admissibility and Merits No. AP 691/04 of 28 June 2005, paragraph 22, published in the Official Gazette of Bosnia and Herzegovina, 27/06; the civil proceedings in respect of damage compensation upon the property claim following the criminal proceedings concluded by the legally binding decision was suspended as the petition for reopening the proceedings had been filed; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The right to pension is a civil right.
•    Decision on Admissibility and Merits No. AP 491/04 of 28 June 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 67/05; the administrative dispute, the determination of the right to disability allowance; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The rights related to the right to use an apartment, including the issue of acquiring the occupancy right i.e. the property right over an apartment, is covered by the notion civil rights or obligations.
•    Decision on Admissibility and Merits No. AP 497/04 of 28 June 2005, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 27/06; the civil proceedings, the cancellation of the contract of purchase and sale; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The proceedings to determine the costs of proceedings must be considered to be the continuation of the litigation and, consequently, it must be considered to be a part of the “determination of civil rights or obligations”.
•    Decision on Admissibility and Merits No. AP 536/04 of 28 June 2005, paragraph 18, published in the Official Gazette of Bosnia and Herzegovina, 67/05; the payment of the costs of civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH;
•    Decision on Admissibility and Merits No. AP 792/04 of 18 January 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 48/05; the payment of the costs of defence, discrimination as to the determination of the defence counsel’s fees; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The dispute related to a compensation claim based on the lease agreement is of a civil nature.
•    Decision on Admissibility and Merits No. AP 561/04 of 13 July 2005, paragraph 24, published in the Official Gazette of Bosnia and Herzegovina, 80/05; civil proceedings, the payment of rent arrears; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Disputes between private persons, in respect of the property rights, involve a determination of civil rights.
•    Decision on the Merits No. AP 642/04 of 13 October 2005, paragraph 20, published in the Official Gazette of Bosnia and Herzegovina, 17/06; the civil proceedings, the determination of the ownership right, there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Article 6 paragraph 1 of the European Convention is applicable in the situation where the realization of the rights or obligations determined by a legally binding decision rendered in another proceedings is stayed by an interim measure issued in the proceedings just to determine the civil rights or obligations.
•    Decision on the Merits No. AP 743/04 of 17 November 2005, paragraph 43, published in the Official Gazette of Bosnia and Herzegovina, 17/06; civil proceedings, the reinstatement into the apartment, the reasonable time limit to take the Decision on Merits resolving the issue of legal justification and legal grounds for interim measures; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The dispute which determines the compensation for expropriation of the real estates is of a civil nature in case where the court ought to determine in non-contentious proceedings the amount of compensation in part where the expropriation beneficiary and the earlier proprietor (the appellant) failed to reach an agreement.
•    Decision on the Merits No. AP 836/04 of 17 November 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 20/06; the length of proceedings which determine the compensation for the expropriated property; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

Determining whether the legal requirements for cancelling the contract on the use of the apartment over which the occupancy right was acquired prior to 30 April 1991 falls within the scope of “civil rights and obligations”.
•    Decision on the Merits No. AP 645/04 of 2 December 2005, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 41/06; the civil proceedings, the right to the apartment was acquired after the cancellation of the occupancy right holder’s contract on the use of the apartment; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The notion “dispute”, within the meaning of Article 6 paragraph 1 of the European Convention, covers “all proceedings the result of which is decisive for private rights and obligations”, even when the proceedings involve a dispute between an individual and the public authority acting within the scope of its authorities. The character of “the legislation which governs how the matter is to be determined” and that of the “authority” which is invested with jurisdiction in the matter are therefore of little consequence (Decision No. AP 540/04 of 18 January 2005, paragraph 20; European Court of Human Rights, Ringeisen vs. Austria, judgment of 16 July 1971, Series A, No. 13, paragraph 94).
•    Decision on Admissibility and Merits No. AP 1831/05 of 16 January 2007, paragraph 42, published in the Official Gazette of Bosnia and Herzegovina, 34/07; the determination of fair compensation for expropriated land

The state authorities have the exclusive competence to decide on movement and stay of aliens and, therefore, it does not fall within the ambit of “civil rights or obligations” safeguarded by Article 6 of the European Convention.
•    Decision on Admissibility No. AP 244/05 of 9 February 2006, paragraph 7; the appeal is ratione materiae incompatible with the Constitution of BiH

The dispute upon the appellant’s request for cancellation of the servitude right over her real property is of a civil nature.
•    Decision on the Merits No. AP 1180/05 of 9 February 2006, paragraph 19, published in the Official Gazette of Bosnia and Herzegovina, 45/06; the civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Consequently, the Constitutional Court concludes that the appellant as the holder of public office within radio diffusion system, in the dispute to protect the employment rights, enjoys the protection of Article 6 paragraph 1 of the European Convention.
•    Decision on Admissibility and Merits No. AP 356/04 of 9 May 2006, paragraphs 32 and 38, published in the Official Gazette of Bosnia and Herzegovina, 68/06

The appellant employment  right based on his innovative work in the employer’s company, i.e. his right to industrial ownership, is of a civil nature.
•    Decision on the Merits No. AP 1232/05 of 9 May 2006, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; industrial ownership; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

Enforcement of the final judgment is decisive for the realization of the appellant’s right,
which is of a civil nature.
•    Decision on Admissibility and Merits No. AP 1177/05 of 13 June 2006, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The dispute, which determined the appellant’s obligation to compensate the plaintiff for funds invested in construction of the house in question, is of a civil nature.
•    Decision on Admissibility and Merits No. AP 1193/05 of 27 June 2006, paragraph 17, published in the Official Gazette of Bosnia and Herzegovina, 86/07; civil proceedings; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
Recognition of the right to ownership over the real property is of a civil and legal nature.
•    Decision on Admissibility and Merits No. AP 1187/05 of 13 June 2006, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 87/06; the civil proceedings; acquiring the right of ownership; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The proceedings involving pecuniary claims against a debtor are decisive for the realization of the appellant’s civil rights. Therefore, Article 6 paragraph 1 of the European Convention is applicable in the present case.
•    Decision on Admissibility and Merits No. AP 1293/05 of 12 September 2006, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 7/07; the enforcement proceedings, the applicability of the Law on Enforcement; the violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The proceedings for determination of the costs of proceedings must be regarded as an integral part of the proceedings and accordingly must be regarded as part of “the determination of civil rights and obligations” (see European Court of Human Rights, Robins vs. the United Kingdom, Judgment of 23 September 1997, paragraph 25.f.).
•    Decision on Admissibility and Merits No. AP 1365/05 of 29 September 2006, paragraph 21, published in the Official Gazette of Bosnia and Herzegovina, 9/07; the civil proceedings; the costs of proceedings pursuant to lawyers’ tariff; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The state authorities have the exclusive competence to decide on the alien’s right to stay in the country and, therefore, it does not fall within the ambit of “civil rights or obligations” safeguarded by Article 6 paragraph 1 of the European Convention. The case-law of the European Court of Human Rights in Strasbourg is exclusively based on the position that decision-making on movement and stay of aliens, and by analogy, the decision on expulsion of aliens from Bosnia and Herzegovina, lies in exclusive competence of state organs and it may not be included under the concept of “civil rights and obligations” protected by Article 6 of the European Convention.
•   Decision on Admissibility and Merits No. AP 1788/05 of 20 September 2006, paragraphs 33 to 35, published in the Official Gazette of Bosnia and Herzegovina, 9/07; expulsion of aliens

The proceedings to establish that the contract is null and void, are of a civil nature. Therefore, Article 6 paragraph 1 of the European Convention is applicable to the present case.
•    Decision on Admissibility and Merits No. AP 1605/05 of 20 October 2006, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 11/07

The court proceedings to establish that the decision on termination of labour relations is unlawful are of a civil nature.
•    Decision  on Admissibility  and  Merits  No. AP 2144/05  of  20  October 2006, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 12/07

The proceedings concerning the right to work and the payment of unpaid salaries are of a civil nature even in case where an employer is a public authority.
•    Decision on Admissibility  and  Merits  No. AP 2405/05  of  16  January  2007, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 70/07;
•    Decision on Admissibility and Merits No. U 116/03 of 15 June 2004, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 40/04

The outcome of the proceedings upon the motion to confer territorial jurisdiction, which decided on the procedural issues, is not decisive for the determination of the appellant’s civil rights or obligations.
•    Decision on Admissibility No. AP 2950/06 of 6 March 2007;
•    Decision on Admissibility No. AP 923/06 of 5 April 2007; the conferral of territorial jurisdiction; the appeal is ratione materiae inadmissible

As to the applicability of Article 6 paragraph 1 of the European Convention to the proceedings for compensation of the costs of proceedings and the determination of the appellant’s “civil rights or obligations” in such proceedings, the Constitutional Court points to its case-law as well as the case-law of the European Court of Human Rights according to which the guarantees of Article 6 paragraph 1 of the European Convention apply also to the proceedings for determination of the costs of proceedings, which must be seen as a continuation of the substantive litigation and accordingly as part of a “determination of civil rights and obligations” (see, mutatis mutandis, The Constitutional Court, Judgment No. AP 85/04 of 18 March 2005, and European Court of Human Rights, Robins vs. the United Kingdom, Judgment of 23 September 1997, paragraph 25.f.). Furthermore, according to the case-law of the Constitutional Court and the European Court of Human Rights, the enforcement of a judgment adopted by any court must be taken as an integral part of a “trial” within the meaning of Article 6 of the European Convention (see, inter alia, the Constitutional Court, Judgment No. AP 2653/05 of 12 September 2006 and European Court for Human Rights, Golder vs. United Kingdom, Judgment of 7 May 1974, series A-18, page 16 to 18, paragraph 34 to 36). In view of the above, the Constitutional Court concludes that Article 6 paragraph 1 of the European Convention is applicable to the case at hand.
•    Decision on Admissibility No. AP 1525/06 of 26 June 2007, paragraph 9;
•    Decision onAdmissibility and Merits No.AP128/06 of 10 January 2008, paragraph 22; the enforcement proceedings, compensation of the costs of proceedings

The outcome of the proceedings, which decided on the procedural issues upon the motion to disqualify an executive, a judge or the president of the court, is not decisive for the determination of the appellant’s civil rights or obligations.
•    Decision on Admissibility No. AP 2138/07 of 13 September 2007, paragraph 10; the appeal is ratione materiae incompatible with the Constitution of BiH

In the case concerning obligations, the Constitutional Court concludes that the appellant enjoys the “civil right” protected only in case where the law provides for that the appellant unconditionally acquires certain property (justified expectations) through the legal business concluded.
•    Decision on Admissibility and Merits No. AP 2195/06 of 18 October 2007, paragraph 34, published in the Official Gazette of Bosnia and Herzegovina, 6/08; the right to a fair trial, the right to property, the arbitrary application of the law, securities transaction; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The Constitutional Court recalls that in certain cases, irrespective of the fact that these cases relate to civil servants, the Court considered the appellants’ complaints of a violation of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention. Such cases were dealt with by the Constitutional Court as any labour relations dispute and, depending on the facts of each case, resolved by way of decisions on admissibility or merits. In this regard, the Constitutional Court states that the European Court of Human Rights, in the case of Vilho Eskelinen et al. vs. Finland (Judgment of 19 April 2007, Application No. 63235/00, pp. 42 through 62), reviewed its case-law and concluded that “in order for the respondent State to be able to rely before the Court on the applicant’s status as a civil servant in excluding the protection embodied in Article 6, two conditions must be fulfilled. Firstly, the State in its national law must have expressly excluded access to a court for the post or category of staff in question. Secondly, the exclusion must be justified on objective grounds in the State’s interest” and “there can in principle be no justification for the exclusion from the guarantees of Article 6 of ordinary labour disputes, such as those relating to salaries, allowances or similar entitlements, on the basis of the special nature of relationship between the particular civil servant and the State in question. There will, in effect, be a presumption that Article 6 applies”. In view of the above, as in the present case no single regulation of Bosnia and Herzegovina governs that the appellant as a civil servant may have no access to court, and keeping in mind the challenged judgments of the ordinary courts, it is indisputable that the appellant, pursuant to the national law, had access to a court. Therefore, Article 6(1) of the European Convention is applicable to the appellant’s case.
•    Decision on Admissibility No. AP 2231/06 of 23 November 2007, paragraphs 10 to 13; the applicability of Article 6 of the European Convention when it concerns civil servants; the change of case-law of the European Court in case Pellegrin vs. France

Article 6 of the European Convention is applicable in the case where the appellant asserts the right in respect of a sum which can be calculated in accordance with a valid legal measure, such as the provisions of Article 48(3) of the Law on Attorneys’ Profession in Republika Srpska (Official Gazette of the Republika Srpska, 37/02), but the public authorities failed to exercise discretionary powers in his or her favour and the appellant has done all that he or she needs to do in order to become entitled to receive that sum.
•    Decision on Admissibility No. AP 1918/06 of 25 January 2008, paragraph 9; the application of the Tariff of Attorney’s Fees

The appellant in the present case states that, in accordance with the law, he is entitled to request the excise tax refund, which is to be deemed the property. Indisputably, the right to property is a “civil right”. In addition, it is clear that the dispute between the appellant and state authorities concerns the appellant’s right to property. Accordingly, irrespective of the fact that the tax authorities decided at first and second instances, it concerns an economic dispute within the scope of Article 6 paragraph 1 of the European Convention, which is applicable to the case at hand (see the Constitutional Court, Judgment No. AP 28/02 of 15 June 2004, published in the Official Gazette of BiH, 34/04 of 18 August 2004).
•    Decision on Admissibility No. AP 1284/06 of 11 March 2008, paragraph 8; payment of excise tax; the appeal is manifestly (prima facie) ill-founded

The Constitutional Court states that the relevant non-contentious proceedings conducted upon the appellant’s motion to deposit pecuniary compensation in favour of the Brčko District of BiH, and that the Basic Court dismissed the appellant’s motion pursuant to Articles 193 through 200 of the Law on Non-Contentious Proceedings, which contain the procedural provisions governing the situations where a competent court is obliged to accept securities and cash in deposit in court by applying the substantive law as it concerns the contractual relations, i.e. the Law on Obligations, which regulates the conditions under which money can be placed in deposit in court. The Constitutional Court finds that the relevant non-contentious proceedings did not involve civil rights or obligations, given that the same was decided in the Contract, which had been previously concluded, and that the aforementioned proceedings decided whether or not the conditions under which money can be placed in deposit in court were met.
•    Decision on Admissibility No. AP 3296/07 of 17 April 2008, paragraph 8

Taking into account the nature of the dispute in the present case and the position of the European Court of Human Rights that Article 6(1) of the European Convention is applicable to non-contentious proceedings relating to the determination of land borders, which is closely related to the extent of the ownership and is decisive for the effective exercise of the applicant’s rights, i.e. the free enjoyment of his ownership (see, ECHR, the case of Debelić v. the Republic of Croatia, Judgment of 12 October 2006, Application No. 9235/04), the Constitutional Court concludes that Article 6(1) of the European Convention is applicable to the present case.
•    Decision on Admissibility No. AP 655/07 of 10 June 2009, paragraph 9; the applicability of Article 6(1) of the European Convention to non-contentious proceedings relating to the determination of land borders

The Constitutional Court notes that the present case is about a situation where the relevant court proceedings, which were instituted by appellant’s deceased husband I.H., were to decide on the grounds of his statement of claim on the payment of his overdue disability benefits. However, the Constitutional Court points out that although the relevant court proceedings were not to decide on the appellant’s statement of claim, the outcome of the proceedings was decisive for the appellant’s rights and obligations and, consequently, the appellant has a legal interest, i.e. standing to sue and to file an appeal on her own behalf in respect of the relevant court proceedings and for the protection of the rights guaranteed to her under the constitution of Bosnia and Herzegovina and the European Convention.
•    Decision on Admissibility No. AP 1648/08 of 24 June 2009, paragraph 6

In the present case the Constitutional Court notes that in non-contentious proceedings a “dispute” arose from the manner of dividing the real property and related to the issue whether the real property could be physically divided or it had to be sold. The Constitutional Court holds that a decision in this “dispute” may have a decisive effect to some other civil rights of the appellant (e.g. the right to home) and, therefore, Article 6(1) of the European Convention is applicable to the present case.
•    Decision on Admissibility and Merits No. AP 264/07 of 3 July 2009, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 82/09; non- contentious proceedings for division of real property involve the determination of civil rights and obligations

In the relevant probate proceedings accurate portions of the ownership of the appellants over the testator’s property were determined. In the present case, the outcome of such proceedings where the accurate portions of the ownership of the appellants over the testator’s property were determined, in the view of the Constitutional Court, is decisive for the appellants’ civil rights and obligations and such proceedings are safeguarded by Article 6(1) of the European Convention.
•    Decision on Admissibility and Merits No. AP 512/07 of 3 July 2009, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 82/09; probate proceedings

The enforcement proceedings relating to the appellants in the present case raises new issues with regards to the application of the provisions of the Law on Enforcement Procedure, as the enforcement was carried out against the real property which was not subject to the enforcement and where the appellants had lived before the enforcement creditor entered into the possession thereof. The foregoing indicates that the present case involves the proceedings determining the civil rights and obligations within the meaning of Article 6(1) of the European Convention and, therefore, Article 6(1) of the European Convention is applicable to the present case.
•    Decision on Admissibility and Merits No. AP 2621/07 of 2 December 2009, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 23/10; enforcement proceedings, the appellant is an enforcement debtor in the proceedings; the appeal is ratione materiae admissible, a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established

The right to protection of vital national interests under the Constitution of the Republika Srpska is a right of a political nature which, in the opinion of this Constitutional Court, does not fall within the scope of “civil rights and obligations” as that term is understood for the purposes of Article II(3)(e) and Article 6 paragraph 1 of the European Convention.
•    Decision onAdmissibility and Merits No.AP2821/09 of 26 March 2010, paragraphs 14 and 33, published in the Official Gazette of Bosnia and Herzegovina, 51/10

The Constitutional Court notes that the relevant proceedings, completed by the Judgment of the Supreme Court No. Uvl-90/05 of 12 December 2007, did not relate to the determination of the appellant’s civil rights but to the well-foundedness of the complaints and statement of claims of appellant’s father Ranko Knežević. In addition, the Constitutional Court notes that the appellant, as a child of deceased pension beneficiary Ranko Knežević, based on a temporary decision issued by the first instance body, was recognised the right to family pension as of 5 July 2006 in the amount of BAM 211.47, and that it contained the reasons according to which a final decision would be issued upon the completion of the proceedings pending before the ordinary courts. In the opinion of the Constitutional Court, the appellant’s rights are called into question by the decisions challenged in the appeal, given that the appellant’s right to family pension stems from the rights that were the subject-matter of consideration in the challenged decisions, i.e. the appellant may be considered an “indirect victim” of the violation referred to in the appeal.

•    Decision on Admissibility No. AP 774/08 of 13 October 2010, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 24/11; the retroactive payment of contributions

The Constitutional Court finds that during the main proceedings, i.e. in the administrative dispute, in its lawsuit the appellant sought the protection of his property rights through a request to establish that the decision of the Commission of 9 March 2010 is unlawful, which revoked the appellant’s management license and banned the disposal of the property of the Closed-End Investment Fund. Accordingly, the Constitutional Court finds that the appellant manages the fund based on the contract of 22 April 2009 and collects a management commission in the monthly amount of BAM 100,000.00 or BAM 1,200,000.00 annually. It follows that the purpose of the appellant’s lawsuit in the administrative dispute is the protection of the appellant’s property interests which are interfered with by the decision of the Commission dated 9 March 2010. The purpose and objective of the appellant’s request for postponement of the enforcement of the Commission’s decision dated 9 March 2010 were also the protection of the appellant’s property interest which would come into question by the enforcement of the Commission’s decision of 9 March 2010, which lawfulness is challenged by the appellant during the main proceedings. Therefore, it follows that the proceedings for adoption of the challenged decision was decisive for the effective exercise of the appellant’s civil rights. Accordingly, the Constitutional Court, while taking into its consideration the criteria established by the European Court, considers that the guarantees of Article 6 of the European Convention apply to the proceedings of adoption of the challenged decision.
•    Decision on the Admissibility and Merits No. AP 1676/10 of 27 November 2010, published in the Official Gazette of BiH, 24/11; change of the case-law according to which the appeals relating to interim measures used to be rejected as ratione materiae inadmissible; according to the new case-law, the guarantees of the right to a fair trial, under certain conditions, are applicable to the proceedings relating to interim measures to be decided by ordinary courts

Prior to a further discussion on the case as regards the right to a fair trial, the Constitutional Court recalls its newly established case-law in case No. AP 3080/09 of 25 September 2010 (the Official Gazette of BiH, No. 48/11), relating to the removal of the appellant as judge from office in proceedings before the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. After that, the appellant filed an appeal with the Court of BiH against the decision of the HJPC and the Court of BiH dismissed the appeal and stressed the issue of applicability of Article 6(1) of the European Convention to the appellant’s case in respect of both “civil” and “criminal aspect” thereof. In the Decision No. AP 3080/09, the Constitutional Court re-examined its previous case-law and the case-law of the European Court of Human Rights (Olujić v. Croatia, Judgement of 5 February 2009, App. No. 22330/05), and concluded that Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention apply to the appellant’s case under the guaranties provided for by “civil” level of the right to a fair trial. The same applies to the present case and the Constitutional Court will examine the case in the light of the protection of the appellant’s “civil rights” guaranteed by Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention.
•    Decision on the Admissibility and Merits No. AP 147/09 of 23 March 2012, paragraph 59, published in the Official Gazette of Bosnia and Herzegovina, 31/12;
•    Decision on the Admissibility and Merits No. AP 3080/09 of 25 September 2010, paragraphs 36 to 39, published in the Official Gazette of Bosnia and Herzegovina, 48/11; removal of the judge in the proceedings before the HJPC, there is no violation of Article 6 of the European Convention

The Constitutional Court holds that the proceedings in question relate to the determination of the criminal charge against the second-appellant who enjoys the safeguards to the fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention in the present proceedings. On the other hand, the first-appellant as a third (legal) person, the property of whom was confiscated in the present case in accordance with the Law on Confiscation of Property Acquired by Criminal Offences, also enjoys the safeguards of fair trial from the civil aspect. Given the aforementioned, the Constitutional Court will examine in the present case whether the proceedings were fair as required under the mentioned provisions. As to the applicability of the civil limb of Article 6(1) of the European Convention to the first appellant, the Constitutional Court refers to its Decisions No. U 122/03 of 27 October 2004 (Official Gazette of BiH, 24/05, available on the web site www.ustavnisud.ba) and No. AP 2062/11 of 17 July 2014 (available on the web site of the Constitutional Court www.ustavnisud.ba), wherein it concluded that the courts had decided on the appellant’s civil right to the effect that they had deprived him of his property in the proceedings conducted against other persons, on whether the appellants as the persons whose property had been confiscated and who had participated in the proceedings as witnesses for the defence, had the procedural protection during the confiscation of property. Thus, the Constitutional Court, having referred to its case law, does not have any reasons for questioning the applicability of Article 6(1) of the European Convention.

•    Decision on the Admissibility and Merits No. AP 1551/14 of 6 December 2016, paragraph 22; criminal proceedings, confiscation of property gained by the criminal offence, no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH

The Constitutional Court holds that the appellant challenges the decisions taken in the proceedings related to the annulment of the challenged decision on the appointment of manager to the Commission of Legal Assistance of the Brčko District, thus, decisions taken in the course of vacancies procedure in which the appellants participated as candidates. The proceedings related to the determination of the appellant’s civil rights and, therefore, Article 6(1) of the European Convention is applicable in the present case (see Constitutional Court, Decision on Admissibility and Merits, No. AP-3528/13 of 15 September 2016, paragraph 33, available on the web site of the Constitutional Court www.ustavnisud.ba).
•    Decision on the Admissibility and Merits No. AP 1842/14 of 11 January 2017, published in the Official Gazette of Bosnia and Herzegovina, 12/17; recruitment procedure, no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH