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Reading: Komsic appealed to BH Constitutional Court on the Law of Residence
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Sarajevo Times > Blog > POLITICS > Komsic appealed to BH Constitutional Court on the Law of Residence
POLITICS

Komsic appealed to BH Constitutional Court on the Law of Residence

Published: January 8, 2021
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Member of the Presidency of Bosnia and Herzegovina, Zeljko Komsic, sent a request to the Constitutional Court of Bosnia and Herzegovina to assess the constitutionality / compliance of certain provisions of the Law on Residence and Stay of Bosnia and Herzegovina, which was passed in 2015, his office said.

The reasons for applying are that someone’s property status cannot be the basis for determining anyone’s rights and fundamental freedoms, which is not in accordance with the Constitution of Bosnia and Herzegovina, as well as international conventions that are an integral part of the constitution, such as the European Convention on Human Rights and protection of human rights and fundamental freedoms and as many as 15 international conventions that are part of Annex I of the Constitution of Bosnia and Herzegovina.

As it was said, in such an environment, in which one’s property status is the basis for granting the right to residence, it is extremely discriminatory and creates opportunities for a large number of citizens of Bosnia and Herzegovina to be left without other rights arising from registration, such as the right to work, education, health and social insurance and other rights.

”Five years of application of the disputed provisions of the Law on Residence and Stay of Bosnia and Herzegovina, it became known that a large number of citizens, whose number can be measured in the hundreds of thousands, would lose their previously acquired right of residence, and thus their legal personality within the legal system of Bosnia and Herzegovina. For these reasons, this request for constitutional review / compliance with the Constitution of Bosnia and Herzegovina is completely different from the one that was the subject of consideration by the Constitutional Court of Bosnia and Herzegovina in 2015, ie this is a completely new request for constitutional review of the Law on Residence and residence of Bosnia and Herzegovina, with a different legal basis and factual situation. I want to believe that the Constitutional Court of Bosnia and Herzegovina will prove to be an institution that protects human rights and fundamental freedoms and will not allow the continued application of the disputed provisions of the law, which may take away previously acquired rights,” said Komsic.

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