Bosnia and Herzegovina: Impact of the case law of the European Court of Human Rights on postconflict society of Bosnia and Herzegovina

2016 ◽  
pp. 80-109
Author(s):  
Faris Vehabović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
European Court ◽  
Postconflict Society

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

Case-Law of the European Court of Human Rights Concerning the Protection of Minorities, July 2012 to August 2014

2015 ◽  
Vol 12 (1) ◽  
pp. 197-222
Author(s):  
Bill Bowring
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Minority Rights ◽  
Case Law ◽  
The State ◽  
Recent Period ◽  
Economic Rights ◽  
European Court ◽  
Positive Duties ◽  
Social And Economic Rights

This article highlights a number of interesting and significant cases concerning minority rights at the Strasbourg Court during the recent period of just over two years. The issues include the continuing deadlock in enforcing the Court’s controversial antidiscrimination judgment in Sejdic and Finci v. Bosnia and Herzegovina; a new emphasis on and attention to social and economic rights as protected by the Revised Social Charter in the context of forced evictions; the Court’s expanding jurisprudence on the positive duties of the state; the fascinating Slovenian case on the fate of the “erased;” and a continuing focus on discrimination against Chechens as part of the Court’s recent return to a focus on the long-neglected Article 14 of the Convention. The article concludes by summarising a new scholarly interpretation of minority rights through the concept of vulnerability.

scholarly journals The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights

2021 ◽  
pp. 463-479
Author(s):  
Faruk Avdić
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Criminal Procedure ◽  
Case Law ◽  
Fair Trial ◽  
Case File ◽  
European Court ◽  
Starting Point ◽  
The Right ◽  
Procedure Codes

This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect.

scholarly journals Opravdanost ustavnosudskog aktivizmа zarad zaštite ljudskih prava: Evropski sud za ljudska prava i Ustavni sud Bosne i Hercegovine

Eudaimonia ◽  
2021 ◽  
pp. 63-86
Author(s):  
Brano Hadži Stević
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Theoretical Aspect ◽  
Case Law ◽  
Constitutional Court ◽  
The Real ◽  
Real Application ◽  
Main Thesis ◽  
European Court ◽  
The Creation

The author analyzes some decisions of the European Court of Human Rights and its interpretive principles and decisions of the Constitutional Court of Bosnia and Herzegovina, in order to answer when the creative approach of the Constitutional Court can be justified. No kind of constitutional court activism is acceptable when it comes to normative control of constitutionality, while it can be in the procedure on appeal. The author claims that constitutional court should decide on the basis of the text of the constitution. The European Court considers that the interpretation should enable the real application of the guaranteed right, but it is disputable when such an interpretation grows into the creation of law, which the author discusses primarily from a theoretical aspect, and then analyzes the case law. The main thesis in the paper is that constitutional activism is justified only in exceptional cases in order to protect human rights and freedoms.

scholarly journals SENTENCE OF LIFE IMPRISONMENT IN THE LAW OF BOSNIA AND HERZEGOVINA AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

2021 ◽  
Vol 59 (1) ◽  
pp. 109-130
Author(s):  
Miodrag Simović ◽  
Marina Simović ◽  
Vladimir Simović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Capital Punishment ◽  
Case Law ◽  
Organised Crime ◽  
Severe Form ◽  
Death Sentence ◽  
Life Imprisonment ◽  
European Court ◽  
Societal Reaction

In the system of measures of societal reaction towards the perpetrators of criminal offences, all the modern criminal laws, including the new legislation of Bosnia and Herzegovina, recognise sentences in the first place. They are the main types of criminal sanctions whose purpose can be achieved to the fullest, and that is the protection of society and social goods from all forms and types of injury and threat caused by the commission of criminal offences. Given that in the structure of criminal offences occur those with serious consequences, violating the highest social values, committed with a severe form of guilt by a repeat offender, in concurrence or by a group or organised crime group, it is logical that all penal systems recognise the harshest sentence - longterm or life imprisonment - especially after the abolition of the death sentence - capital punishment, for the severest forms of crimes. The paper analyses issues related to the harshest sentence, long-term, or life imprisonment in Bosnia and Herzegovina, with the special emphasis on the European Court of Human Rights case law.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

Rola uzasadnienia sądowego w realizacji prawa do rzetelnego procesu sądowoadministracyjnego– standard strasburski

2014 ◽  
pp. 13-31
Author(s):  
Katarzyna Grzelak-Bach
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
Basic Level

Following a brief introduction of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the author begins by analyzing case law from the European Court of Human Rights regarding the legal reasoning in judicial proceedings. The main premise of this paper is to present a formula for preparing legal reasoning in administrative court proceedings. The author draws attention to the role of judges who, in the process of adjudication, should apply creative interpretation of the rules of law, when they see errors or omissions in legislative provisions, or blatant violations of the European legal order. The conclusion of those deliberations finds, that the process of tailoring the approach to meet Strasbourg’s requirements should, on a basic level, be at the discretion of judges rather than the legislators.

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