Dunović sends important notice to FBiH citizens regarding Constitutional Court Decision U-20/22

SARAJEVO, (Patria) - Regarding the Decision of the Constitutional Court of the Federation of Bosnia and Herzegovina number U-20/22 published in the Official Gazette of the Federation of BiH, number: 54/22 dated 08.07.2022, I wish to inform the public that the Constitutional Court of the Federation of BiH has rendered a Decision regarding the constitutional question referred by the Supreme Court of the Federation of BiH on the legal effect of decisions of the Constitutional Court of FBiH on ongoing court proceedings, states the announcement by the Vice President of the Federation Milan Dunović. 

"The Constitutional Court of the Federation of BiH, as the sole authorized interpreter of the Constitution of the Federation of BiH, has once again clearly stated its position on the validity and application of its decisions: decisions of the Constitutional Court of the Federation of BiH are final and binding, especially if the court finds a regulation to be inconsistent with the Constitution of the Federation of BiH. Such a regulation shall not be applied from the day of publication of the decision in the Official Gazette of the Federation of BiH, or, if in the form of a proposal, shall not enter into legal force. Given that in as many as 8 out of 11 proceedings for the assessment of constitutionality initiated by the Vice President of the Federation of BiH, concluded with a decision establishing unconstitutionality,
the Constitutional Court has determined by a ruling that the decision has not been executed, it is important to inform citizens about this very significant decision of the Constitutional Court of the Federation of BiH, which, among other things, notes that anyone whose right has been violated by a final or binding act, which was adopted based on provisions that ceased to be valid by a decision of the Constitutional Court of the Federation of BiH, has the right to request from the competent authority an amendment to such an act, even when a legal remedy no longer exists," adds Dunović.

Dunović particularly emphasizes the significance of this decision in relation to the decisions of the Constitutional Court of the Federation of BiH by which the provisions of the Law on Pension and Disability Insurance, the Law on Notaries, the Law on Real Property Rights and others were declared unconstitutional, given the large number of both citizens and legal entities whose rights have been violated by unconstitutional provisions.