Decisions of the Constitutional Court of BiH: Unconstitutional Law on Immovable Property of RS, temporary measure adopted in the case of land in Vareš

(Patria) - The Constitutional Court of BiH today ruled on appeals in several cases. The Constitutional Court of BiH has submitted certain decisions they have made.

U-5/23 – The Constitutional Court, ruling on the request of Denis Bećirović, member of the Presidency of Bosnia and Herzegovina, Željko Komšić, member of the Presidency of Bosnia and Herzegovina, 11 delegates of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, and five delegates of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for the assessment of the constitutionality of the Law on Immovable Property Used for the Functioning of Public Authority ("Official Gazette of Republika Srpska" No. 16/23), determined that Republika Srpska does not have the constitutional competence to regulate the legal matter that is the subject of the contested law (issues of state immovable property) because, in accordance with the relevant provisions of the BiH Constitution, it falls under the exclusive competence of Bosnia and Herzegovina.

U-1/24 – The Constitutional Court, ruling on the request of the Court of Bosnia and Herzegovina for the assessment of the constitutionality of Article 12 of the Law on Salaries and Other Benefits in Judicial and Prosecutorial Institutions at the Level of Bosnia and Herzegovina, determined that the contested provision of the cited law is in accordance with the Constitution of Bosnia and Herzegovina and the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention).

U-2/24 – The Constitutional Court, ruling on the request of Kemal Ademović, Speaker of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, for the assessment of the constitutionality of the Law on the Production of Weapons and Military Equipment in Republika Srpska ("Official Gazette of Republika Srpska" No. 1/24), determined that certain provisions of that law are not in accordance with the Constitution of Bosnia and Herzegovina because Republika Srpska, by adopting these provisions of the contested law, did not respect the provisions of the laws of Bosnia and Herzegovina which establish the obligation to inform,
obtain permits and consent from the Ministry of Foreign Trade and Economic Relations of BiH, and record in the central registry of the same ministry for all legal entities engaged in the production and overhaul of weapons and military equipment.

U-3/24 – The Constitutional Court granted the request for the adoption of a temporary measure in this case, in which the applicant, Kemal Ademović, Speaker of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, requested an assessment of the constitutionality of the Decision on Changing the Purpose of Forest Land and Temporary Use of Forest Land for Other Purposes by the Government of the Federation of Bosnia and Herzegovina ("Official Gazette of FBiH" Nos. 89/23 and 100/23). By the decision on the temporary measure, the Constitutional Court temporarily suspended the legal effect of the contested decision of the Government of the Federation of BiH until a final decision is made by the Constitutional Court in this case.

U-5/24 – In this case, the Constitutional Court, ruling on the request of the Cantonal Court in Sarajevo for the assessment of the constitutionality of Article 147, Paragraph 1 of the Law on Pension and Disability Insurance of the Federation of BiH, in the part which stipulates "with residence in the Federation or Brčko District of Bosnia and Herzegovina", and Article 2, Paragraph 3 of the Rulebook on Reimbursement of Funeral Expenses of the Federation of BiH, determined that the contested provisions of the cited law are not in accordance with
the Constitution of Bosnia and Herzegovina and the European Convention because they do not establish a reasonable relationship of proportionality between the means used and the objective to be achieved.

U-6/24 – The Constitutional Court granted the request for the adoption of a temporary measure in this case, in which the applicant (13 deputies of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina) submitted a request for resolving a dispute with the entity of Republika Srpska due to the adoption of the Decision on the Method and Conditions for the Sale of Immovable Property Owned by Republika Srpska Located within the Special Area of Jahorina by Public Tender – Auction ("Official Gazette of Republika Srpska" No. 114/23 of December 29, 2023). By the decision on the temporary measure, the application of the contested decision was temporarily suspended until a final decision is made by the Constitutional Court in this case.

AP-1773/23 (Ivica Kosić) – In this case, the Constitutional Court concluded that there was a violation of the appellant's right to liberty and security when the regular court ordered pre-trial detention for the appellant, although the contested decisions did not provide sufficient and relevant reasoning regarding the existence of a well-founded suspicion, because the regular courts did not explain what "facts or information based on which an objective observer would conclude that the person in question could have committed the criminal offense for which they are accused", but merely referred to the indictment.

Furthermore, there was a violation of the appellant's right to personal liberty and security when, during the appellant's statement on the motion for pre-trial detention, his defense attorney was not present, contrary to the Law on Criminal Procedure of the FBiH, which is why the appellant's deprivation of liberty was not in accordance with the "procedure prescribed by national law".

AP-448/24 (Ranko Debevec and Osman Mehmedagić) – In this case, the Constitutional Court, among other things, partially granted the appeal of Ranko Debevec (first appellant) as it concluded that there was a violation of the first appellant's right to an impartial court as an aspect of the right to personal liberty and security, because the first appellant's fear of bias from the judge who ruled on the pre-trial detention could be considered objectively justified.

All decisions adopted at the plenary session will be delivered to the applicants/appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.