ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА ПРОТИВ БОСНЕ И ХЕРЦЕГОВИНЕ У СЛУЧАЈЕВИМА РАТНЕ ШТЕТЕ
OLD FOREIGN SAVINGS AND WAR DAMAGES: EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW AGAINST BOSNIA AND HERZEGOVINA

Summary/Abstract: The paper deals with the case-law of the European Court of Human Rights against Bosnia and Herzegovina in cases of domestic judgments non-enforcement regarding old foreign savings and war damages. The author analyzes the Court’s reasoning and domestic legislation that allows the state to postpone enforcement of a domestic judgment in these cases. It can be concluded that the state’s financial stability is the reason for the enforcement delay of these judgments. Author argues that the Court has not analyzed with enough scrutiny these issues and that the current legislation is not in accordance with the lawfulness principle of the Convention for the Protection of Human Rights and Fundamental Freedoms. In this sense, the legislation is not accessible, clear enough and predictable and it does not provide for protection against arbitrariness of domestic authorities. Therefore, the Court’s decision in the Knežević and Others against Bosnia and Herzegovina case should have different outcome – violation of human rights.

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