European convention for the protection of human rights and fundamental freedoms in the case-law of the Constitutional Court of Bosnia and Herzegovina

Most recent case-law in the criminal law cases

Abstract

According to the Reform Agenda for Bosnia and Herzegovina for the period from 2015 to 2018, it is essential to ensure the irreversible strengthening of the rule of law built on the foundation of concrete progress to fight organised crime, terrorism, and corruption All operational and institutional activities will aim to ensure that citizens throughout Bosnia and Herzegovina a safer environment without corruption. At the same time, the authorities at all levels in Bosnia and Herzegovina will increase their efforts in regaining the trust of citizens in the institutions responsible for rule of law, capacity building, responsibility, professionalism, and integrity. Regarding that, special engagement is expected from the Constitutional Court of Bosnia and Herzegovina as the original institutions of Bosnia and Herzegovina constitutional law competent that through creative process of decision making and law development implements European standards in the case law of national courts of Bosnia and Herzegovina. The Constitution of Bosnia and Herzegovina regulates direct application of the European Convention for the Protection of Human Rights and Fundamental Freedoms, independently of its ratification. In this country, the Convention is quoted and applied regularly. Additionally, the Country allows appeals for violation of the Convention. It is an undeniable fact that in recent years, despite increased judicial dialogue, conflicts between the European Court of Human Rights and some state signatories of the Convention have become numerous and more severe. This primarily applies to the United Kingdom that even after the judgment of the Court in Strasbourg related to the political rights of prisoners, United Kingdom did not only insist on convening the conference in Brighton, on 19th and 20th of April 2012 and undertaking the principles of subsidiarity in the Convention and more. In Switzerland scepticism towards the Convention has so increased that many courts refuse to implement control of proportionality. The question is to what extent this disposition could reflect on constitutional courts and other countries and therefore influence so far positive attitude towards the Convention.