The Constitutional Court of Bosnia and Herzegovina today, at the 87th plenary session rendered decisions on the applications for review of constitutionality on a number of appeals on alleged violations of human rights and fundamental freedoms.
The Constitutional Court accepted the appeal by Bakir Izetbegović, Chairman of the Presidency of Bosnia and Herzegovina and a member of the BiH Presidency Željko Komšić.
They requested that the Constitutional Court finds that the decision of the Government of RS on carrying out verification of accuracy and truthfulness of data when applying for residence in the territory of RS is contrary to the provisions of the BiH Constitution.
The BiH Constitutional Court found that the said decision is contrary to Article III/3.b) of the BiH Constitution in conjunction with Article I /2 of the Constitution, since the matter of residence is regulated by the state law.
Thus, it follows that the matter is in exclusive jurisdiction of the institutions of Bosnia and Herzegovina, and not in the jurisdiction of any of the RS institutions.
Accordingly, the BiH Constitutional Court, in accordance with Article 61, paragraph 2 of the Rules of the Constitutional Court quashed the decision in its entirety on the exercise of verifying the accuracy and truthfulness of the data when applying for residence in the territory of RS.
The quashed decision shall expire on the day following the day of publication in the Official Gazette of Bosnia and Herzegovina.
Also, the BiH Constitutional Court accepted the request for review of constitutionality of the Act on the rights of returnees to their pre-war place of residence in RS entity and Brčko District, submitted by 34 deputies of the National Assembly of RS.
The BiH Constitutional Court found that the Act is not in accordance with Article III/2.c) and III/3.b) of the BiH Constitution.
Thus, the BiH Constitutional Court, in accordance with Article 61, paragraph 2 of the Rules of the Constitutional Court of BiH quashed the entire Act on the rights of returnees to the pre-war place of residence in RS and Brčko District.
The quashed Act shall expire on the day following the day of its publication in the BiH Official Gazette.
All decisions adopted at the session will be within a period of one month delivered to the applicants and published on the website of the BiH Constitutional Court, announced the BiH Constitutional Court.
(Source: Fena)
