Default Validity Judical Decision in Bosnia and Herzegovina and Practice of the Constitutional Court of Bosnia and Herzegovina and European Court For Human Rights / Neizvršenje pravnosnažnih sudskih presuda u Bosni i Hercegovini i praksa Ustavnog suda Bosne i Hercegovine i Evropskog suda za ljudska prava

Abstract

There exists an extensive case-law of the Constitutional Court of Bosnia and Herzegovina in relation to the non-enforcement of court decisions. The author is analyzing the case-law of the Constitutional Court relating to the unenforceability of legally binding court decisions due to the so-called legislative interference by the competent state authorities in a situation where the enforcement debtor is, generally speaking, the state and awarded claim is of monetary nature. For a more comprehensive insight the cited case-law is of a broader nature in respect of specific cases wherein the enforcement proceeding has been finalized and a ruling on enforcement delivered for execution but, due to the lack of funds, the enforcement will be executed in a manner and in accordance with the relevant legal and regulatory provisions. The author does not deal with the Constitutional Court’s case-law in situations involving non-execution of the so-called administrative enforcement or with courts’ failure to conclude enforcement proceedings within a reasonable time or with non-enforcement of court decisions where the underlying reason is not an intervention by the legislator.