| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| February 23. 2022. | AP-3932-21. | Constitutional Court of Bosnia and Herzegovina | Vaccination; right to privacy; vertical separation of powers | The Constitutional Court of Bosnia and Herzegovina held that mandatory vaccination rendered by cantonal authorities for certain groups of the population including those of running catering services in the cantons of Tuzla and Sarajevo meant violations of right to privacy, and also overstepped the competences of regional authorities. | The Constitutional Court of Bosnia and Herzegovina held that mandatory vaccination rendered by cantonal authorities for certain groups of the population including those of running catering services in the cantons of Tuzla and Sarajevo meant violations of right to privacy, and also overstepped the competences of regional authorities. | https://boss.ba/wp-content/uploads/2022/09/AP-3932-21-1315006.pdf | https://www.ustavnisud.ba/bs/143-sjednica-velikog-vijeca | ||
| February 23. 2022. | AP-2125-20 | Constitutional Court of Bosnia and Herzegovina | Freedom of movement | The Constitutional Court of Bosnia and Herzegovina rejected complaints submitted by Indian and Pakistani citizens and held that the public health requirements set for foreigners on the entry into the country, and also on the establishment of their temporary residence was constitutional during the first vawes of the Covid-19 pandemic. | The Constitutional Court of Bosnia and Herzegovina rejected complaints submitted by Indian and Pakistani citizens and held that the public health requirements set for foreigners on the entry into the country, and also on the establishment of their temporary residence was constitutional during the first vawes of the Covid-19 pandemic. | https://www.ustavnisud.ba/uploads/odluke/AP-2125-20-1319392.pdf | |||
| February 9. 2022. | AP-1689-20. | Constitutional Court of Bosnia and Herzegovina | Freedom of movement | The Constitutional Court of Bosnia and Herzegovina held that the public health requirements set for foreigners on the entry into the country, and also on the establishment of their temporary residence was constitutional during the first vawes of the Covid-19 pandemic. | The Constitutional Court of Bosnia and Herzegovina held that the public health requirements set for foreigners on the entry into the country, and also on the establishment of their temporary residence was constitutional during the first vawes of the Covid-19 pandemic. | https://www.ustavnisud.ba/en/142nd-session-of-the-grand-chamber | |||
| 07. 04. 2021 | AP 542/21 | Constitutional Court | Suffrage right, Health v. freedom of movement, Rule of Law | Claim rejected | Plaintiff was a political coalition. They filed an appeal stating that it violated the Appellant's right, i.e. discriminated voters (electorate) abroad in comparison with those who exercised their right to vote at polling stations in the state during the COVID-19 pandemic. The Appellant has requested the issuance of an interim measure to suspend all actions and activities with regard to calling and holding re-elections until the final decision is taken by the Court. The Appellant claimed the violation of the Election Law regarding setting deadlines for timely voting of those who vote by mail, i.e., the voting ballots were delivered to voters abroad in delay or even not sent at all. However, it was stated by the Court that irregularities with voting by mail that might have affected the election results were not founded. The Court has established that in order to be acceptable for counting procedure of votes, the ballots sent in the envelopes by mail should have a postmark of the country of the voting and a date not later that the date of election and other conditions met. It was confirmed that the stated rules did not establish a distinction on any of the prohibited grounds of discrimination between the voters and that is not necessary to consider an Appellant's motion for interim measures. | https://www.ustavnisud.ba/en/127th-ordinary-session-of-the-grand-chamber | https://www.covid19litigation.org/case-index/bosnia-and-herzegovina-constitutional-court-bosnia-and-herzegovina-ap-54221-2021-04-07 | ||
| 22.12.2020 | BIH-2021-1-002 a) Bosnia and Herzegovina / b) Constitutional Court / c) Grand Chamber / d) 22.12.2020 / e) AP 3683/20 / f) / | Constitutional Court | Right to private life; Freedom of movement | Claim upheld | The Constitutional Court found unconstitutional the mandatory use of face masks in the Canton of Sarajevo and the general restriction of movement in the Federation of Bosnia and Herzegovina. The Court pointed out that the contested measures violated the right to private life and the freedom of movement under the Constitution of Bosnia and Herzegovina, the European Convention on Human Rights. However, it stopped short of quashing the contested measures and it only ordered the Parliament and the Government of the Federation “to take activities and bring their conduct in compliance” with human rights standards and to report to the Court about the compliance with this order. | https://www.ustavnisud.ba/en/decisions?sp=DatumDesc& |
https://bdkadvokati.com/bh-constitutional-court-once-again-declares-covid-19-measures-unconstitutional-although-toothlessly/;
https://www.fena.news/bih/constitutional-court-masks-and-movement-restriction-are-human-rights-violation/ |
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| December 9. 2020. | AP-3667/20on on admissibility and merits | Constitutional Court of Bosnia and Herzegovina | Right to education | The Constitutional Court of Bosnia and Herzegovina held that the possibility of distance learning or the shortening of the hours did not mean an unconstitutional violation of right to education during the public health emergency. | The Constitutional Court of Bosnia and Herzegovina held that the possibility of distance learning or the shortening of the hours did not mean an unconstitutional violation of right to education during the public health emergency. | https://www.ustavnisud.ba/en/119th-session-of-the-grand-chamber | |||
| 22. 04. 2020 | no. BIH-2020-1-001 | Constitutional Court | Freedom of movement of people | Claim partially upheld | Bosnia’s Constitutional Court ruled that banning minors and people over 65 from leaving their homes because of the coronavirus pandemic breaches their right to freedom of movement. Two individuals have separately petitioned the Constitutional Court of Bosnia and Herzegovina. One of the Plaintiffs (over 65) said that such measures amounted to "house arrest" and added that the contested laws discriminated against him on a daily basis. The second Plaintiff (a parent of a child under the age of 18) stated that the regulations in question prevented parents from care and protection of their children. The Constitutional Court found that the Plaintiffs's right to freedom of movement had been infringed. But it left them in force when it considered the situation regarding the spread of Covid-19. | https://www.ustavnisud.ba/bs/odluke?sp=DatumDesc&bp=AP-1217%2F20& | https://www.covid19litigation.org/case-index/bosnia-and-herzegovina-constitutional-court-slovak-republic-no-bih-2020-1-001-2020-04-22 |
https://balkaninsight.com/2020/04/22/bosnia-court-rules-against-movement-curbs-on-minors-seniors/; https://www.rferl.org/a/coronavirus-in-court-bosnia-s-age-based-lockdowns-are-ruled-discriminatory/30574453.html |
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