Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 153-161
Author(s):  
Mirha Karahodžić
Keyword(s):  
Bosnia And Herzegovina ◽  
European Convention ◽  
Constitutional Court ◽  
International Convention ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

Abstract In its decision U 3/13 from 26 November 2015 the Bosnian Constitutional Court found on the request of a Member of the Presidency of Bosnia and Herzegovina that Article 3 (b) of the Law on Holidays of the Republika Srpska concerning the 9 January as ‘Day of the Republic’ is not in conformity with Article I (2) of the Constitution of Bosnia and Herzegovina, Article II (4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 (1) and Article 2 (a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination, and Article 1 of Protocol No 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court ordered the National Assembly of the Republika Srpska to harmonize Article 3 (b) of the Law on Holidays of the Republika Srpska with the Constitution within a time limit of six months from the date of delivery of the decision and to inform the Constitutional Court of the measures taken to enforce the Decision.

scholarly journals Certain Solutions in the Law on Amendments to the Law on Criminal Procedure of the Republic of Srpska

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Veljko Ikanović
Keyword(s):  
Criminal Procedure ◽  
European Convention ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Injured Party ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

The author deals with the new position of the injured party in criminal proceedings, persons who may refuse to testify and exceptions from the direct presentation of evidence due to the unavailability of witnesses after the amendments to the Criminal Procedure Code of Republika Srpska from 2021. Starting from the current regulation of this matter, pointing to the solutions in the comparative legislation, the analysis of these changes indicates the consequences of such inconsistent and in some institutes unnecessary and erroneous standardization of this sensitive matter. Attention is drawn to the contradiction between the decision on the privileged witness and juvenile legislation, which is in line with the conventions protecting their position, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In that sense, the legislator is critically pointed out the shortcomings of certain solutions and suggests appropriate changes and additions in order to eliminate the problems that may arise during their practical application.

Tržište električne energije u Republici Srpskoj i Bosni i Hercegovini – pregled i analiza u 2020. godini

2021 ◽  
Vol XXIII (4) ◽  
pp. 70-77
Author(s):  
Dunja Mirjanić ◽  
Tihomir Dabović ◽  
Željko Marković
Keyword(s):  
Bosnia And Herzegovina ◽  
Electricity Markets ◽  
Electricity Market ◽  
Necessary Conditions ◽  
Actual Process ◽  
Western Balkans ◽  
Successful Completion ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

- Electricity markets in the Western Balkans are still not fully liberalized, so different of degrees electricity market openness can be observed from country to country and even within the country - Bosnia and Herzegovina is an obvious example. In Republika Srpska, the formal legal conditions for starting the process of opening the electricity market were met with the entry into force of the Law on Electricity in late 2007 and the Rulebook on Supplying Qualified Customers and the Procedure for Changing Suppliers, which entered into force in late 2014. However, the actual process of opening the electricity market did not begin until the Ordinance on Amendments to the Ordinance on the Supply of Qualified Customers and the Procedure for Changing Suppliers entered into force, which entered into force in March 2019. The paper first examines and analyses the activities carried out so far on the liberalization of the electricity market, and provides an assessment of achieved results. The necessary conditions and issues that arise before the further opening of the electricity market in the Republic of Srpska are further analysed. Finally, the most important activities that await all relevant actors, first the RS Government, then the line ministry and RERS, suppliers and businesses that actively participate in shaping the electricity market in order to prepare the market for further opening and meeting conditions for its successful completion were analysed in the text.

The Protection of Human Rights Through the Dayton/Paris Peace Agreement on Bosnia

1996 ◽  
Vol 90 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Paul C. Szasz
Keyword(s):  
Air Force ◽  
Bosnia And Herzegovina ◽  
General Framework ◽  
The European Union ◽  
Peace Agreement ◽  
Framework Agreement ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Air Force Base ◽  
Republika Srpska

The Bosnia Proximity Peace Talks at the Wright-Patterson Air Force Base near Dayton, Ohio, took place from November 1 to 21, 1995, and ended with the initialing of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA) and several of the annexed or related instruments by representatives of the principal states parties to the conflict in Bosnia: the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. The initialing was witnessed by representatives of the European Union and the five states members of the Contact Group on Bosnia. In addition, all of the twelve instruments annexed to the GFA were also initialed or otherwise endorsed on behalf of the Federation of Bosnia and Herzegovina and the Republika Srpska. The GFA and these instruments were formally signed in Paris on December 14, and thereby immediately entered into force.

scholarly journals Regulation of the Compatibility of Tax-Liability Aggravating Factors with the Requirements of the Protection of Human Rights and Fundamental Freedoms

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 50-63
Author(s):  
Povilas Gruodis
Keyword(s):  
Human Rights ◽  
Tax Administration ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic

This article represents the results of an analysis focused on the protection of human rights and fundamental freedoms and tax norms provided in Article No. 140, Part. 4 of the Law on Tax Administration of the Republic of Lithuania, where a list of tax-liability aggravating factors is provided. The results of the analysis are provided in the conclusions, together with recommendations on how to improve the present regulation.

scholarly journals New Standards in the Application of the Law on Protection Against Violence in the Family in the Republic of Srpska

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Tamara Marić
Keyword(s):  
Domestic Violence ◽  
Legal Regulation ◽  
Criminal Code ◽  
National Assembly ◽  
The Family ◽  
The Law ◽  
The Republic ◽  
Criminal Protection ◽  
Republika Srpska ◽  
First Time

Criminal protection against domestic violence in the Republika Srpska was established by the enactment of the Criminal Code in 2000, when domestic violence was, for the first time, legally defined as socially unacceptable behavior with a criminal sanction. A few years later, in 2005 to be precise, the first Law on Protection from Domestic Violence was adopted, the provisions of which took the basic form of the criminal offense of domestic or family violence from the Criminal Code and defined it as a misdemeanor. In order to prosecute perpetrators of violence faster and more efficiently, as well as faster and better protection of victims of domestic violence, a new Law on Protection from Domestic Violence was passed in 2012, which is also the most important legal regulation in this area in Republika Srpska. The said law underwent several amendments, and as such was in force until May 1 of the current year, when the Law on Amendments to the Law on Protection from Domestic Violence, which was adopted by the National Assembly of the Republika Srpska on The sixth regular session held in September 2019, which prescribes new legal solutions, which will be discussed in the continuation of the paper.

scholarly journals The Guarantees of the Human Rights of the Defendant in the Law System in Kosovo

2017 ◽  
Vol 5 (11) ◽  
pp. 7
Author(s):  
Armend Podvorica ◽  
Adelina Rakaj
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Law System ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic

The paper "The guarantees of the human rights of the defendant in the law system in Kosovo" aims to treat the access of the Republic of Kosovo in the delivery of constitutional guarantees and legal guarantees to protect the defendant in the criminal procedure. Within these guarantees, special emphasis is placed on the judicious acts in force that provide these guarantees in the Republic of Kosovo. A special analysis with regard to this paper is dedicated to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the practice of European Court of Human Rights (ECtHR), the Constitution of the Republic of Kosovo and the Criminal Procedure Code of Kosovo (CPCK). The analysis of those acts clarifies that the guarantees of the Legal System in Kosovo coincide with the rights of the defendant. Another dimension that finds space within the paper is the practical implementation of the guarantees provided by the aforementioned acts in terms of the rights of the defendant. The role of the Constitutional Court in the Republic of Kosovo in the past and now has been mainly analyzed in the formation of the constitutional and international guarantees, applicable in Kosovo concerning the rights of the defendant in the criminal procedure.

scholarly journals Lack of Legal Protection in the Process of Legislative Compensation to the Republic of Srpska / Nedostatak sudske zaštite u postupku zakonske kompenzacije u Republici Srpskoj

2014 ◽  
Vol 4 (4) ◽  
pp. 145
Author(s):  
Milan Blagojević
Keyword(s):  
Bosnia And Herzegovina ◽  
Legal Protection ◽  
European Convention ◽  
Long Time ◽  
The Law ◽  
The Republic ◽  
The Individual ◽  
Judicial Protection ◽  
Legal Compensation ◽  
Legal Subjects

For a long time the bussines relations in the Republic of Srpska, and in Bosnia and Herzegovina as well, are burdened with lack of money, as a consequence of recession. Due to that there are a number of unpaid obligations and that makes our economic situation more complicated. This is the reason why the legislator of the Republic of Srpska in March of 2014 enacted the Law which regulate unique sistem of multirateral compensation and cession. But that Law is missing the provisions on judicial protection of rights of the legal subjects which appears as a participators of multilateral compensation and cession. This work is dedicated to that question. In the work its author point out on that defect, due to which the Law on the unique sistem of multilateral compensation in that part is not in accordance with article 6 of the European Convention on Human Rights which, based on article 2 of the Constitutiona of Bosnia and Herzegovina, is dirrectly applicable in Bosnia and Herzegovina. After he pointed out on the shortage of judicial protection, the author gives his proposal how to eliminate this defect. This mean change of the subject which should be authorised for legal compensation in the Republic of Srpska. The author has also expressed his reserve with regard to the provisions in the Law related to the cession. This is because the cession is an institute of Contract law and, in contrast to the compensation, it depends (and should depend) exclusively of the individual will, and not of the solution imposed by the legislator. That is why this Law is in conflict with the Law on obligations since the Law on obligations does not know forced cession, and so this conflict leads to the disharmony in the legal order.

scholarly journals Oral public hearing in an administrative dispute

2020 ◽  
Vol 54 (1) ◽  
pp. 487-502
Author(s):  
Renata Bjelica
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
European Convention ◽  
Public Hearing ◽  
Judicial Decisions ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The right to an oral public hearing is covered by the right to a fair trial as a right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as by the Constitution of the Republic of Serbia. In this sense, the Law on Administrative Disputes prescribes a rule for the court to establish the facts at an oral public hearing. This law prescribes exceptions to the rule, as well as cases in which the court will "always" and in which it is "obliged" to hold an oral public hearing. Analyzing the legal provisions, with reference to the relevant administrative and constitutional caselaw, and considering the present organization and capacity of the administrative judiciary, the author pointed to certain shortcomings of legislative solutions and administrative judicial decisions, and based on the conclusions drawn, tried to offer possible solutions so that, when it comes to holding a hearing before a court, a higher degree of fairness of trial could be achieved.

PRAVO NA POŠTOVANjE DOMA U PRAKSI USTAVNOG SUDA REPUBLIKE SRBIJE (UTICAJ PRAKSE EVROPSKOG SUDA ZA LjUDSKA PRAVA)

2021 ◽  
pp. 511-531
Author(s):  
Jelena Čanović ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Constitutional Court ◽  
Controversial Issues ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
European Standards ◽  
The Right

A special regime for the protection of the right to respect for home is provided with the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. With ratification of this Convention, the Republic of Serbia has undertaken the obligation to respect and effectively implement the rights guaranteed by the European Convention as a "minimum European standard". The role of the European Court of Human Rights in defining and determining the scope of basic human rights, so the right to respect for home too, is reflected in its rich practice, which greatly affects national legal systems. Thus, the European Court in its practice has defined the principles and criteria for providing protection of the right to respect for home. To monitor the used instruments for protection of the right to respect for home in the domestic legal order and their harmonization with European standards of protection, it is necessary to analyze the practice of the Constitutional Court of the Republic of Serbia, through which is reflected practice of regular courts as well. Considering that in the practice of the highest courts in our country, as well as in the practice of the Constitutional Court, the right to respect for home has been recognized recently, the lack of numerous theoretical discussions and practical analyzes of prominent controversial issues indicates the relevance of this topic about we write about.

scholarly journals Enforceability of ECtHR Judgements in Russia: Alternatives of Interaction Between Jurisdictions

2018 ◽  
Vol 50 ◽  
pp. 01192
Author(s):  
Ivan Usenkov ◽  
Igor Morozov
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Constitutional Law ◽  
European Convention ◽  
Constitutional Court ◽  
Legal Analysis ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

Issues of enforceability of the European Court of Human Rights judgements in Russia are considered in the article. The authors infer the priority of the model, in which judgements can be unimplemented if they are contrary to the constitutional law of the country in accordance with comparative legal analysis. However, the state is ought to make everything possible in order to enforce the decision, even interpret the Constitution, if possible. The authors conclude that issues of correlation of sovereignty and regional consensus, subsidiarity principles and supranationality, interpretation of the European Convention for the Protection of Human Rights and fundamental freedoms have not obtained a response. The European Court of Human Rights should be more thorough with the aspects of the national legal systems, but rejection of the execution of its judgements is unacceptable. Relevant provisions are to be excluded from the FCL from 21.07.1994 N 1-FCL «The Constitutional Court of the Russian Federation».

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