Admissibility of Ratione Materiae in the Case Law of the Constitutional Court of Bosnia and Herzegovina

Authors

  • Miodrag Simović Vicepresident of the Constitutional Court of Bosnia and Herzegovina and Full Professor of the Faculty of Law of Bihac, Active Member of the Academy of Sciences and Art of Bosnia and Herzegovina, Active Member of European Academy of Sciences and Arts and Foreign Member of the Russian Academy of Natural Sciences
  • Milena Simović Full professor at the Faculty of Security and Protection of the Independent University of Banja Luka

Abstract

The Constitutional Court of Bosnia and Herzegovina receives a large number of appeals every day asking the
question of the application of Article II/3e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European
Convention for the Protection of Human Rights and Basic Freedoms. The article presents the most common examples
of decisions of the Constitutional Court, which, in support of the long-standing case law of the former European Commission for Human Rights and the European Court of Human Rights, rejected the appeals as inadmissible, because the
proceedings in question do not fall within the scope of the right to a fair trial under Article II/3e) of the Constitution of
Bosnia and Herzegovina and Article 6 (1) of the European Convention, these ratione materiae are incompatible with the
Constitution of Bosnia and Herzegovina.

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Published

2023-05-23

Issue

Vol. 14 No. 1-2 (2022): ČASOPIS VJEŠTAK

Section

Чланци