Suđenje u krivičnim predmetima: nova praksa ustavnog suda Bosne i Hercegovine i njen uticaj na BH. pravo i praksu
Trial Proceedings in Criminal Cases: New Practice Constitutional Court of Bosnia and Herzegovina and Her Effect in BH. Law and Practice

Author(s): Miodrag N. Simović, Marina M. Simović-Nišević
Subject(s): Criminal Law
Published by: Institut za uporedno pravo
Keywords: The European Convention for the Protection of Human Rights and Fundamental Freedoms; the European Court of Human Rights; Constitutional Court of Bosnia and Herzegovina; right to liberty and security;
Summary/Abstract: By its personnel composition and extensively set jurisdictions Constitutional Court of Bosnia and Herzegovina constitutes a legal novum. The BiH Constitutional Court is a constitutional authority. The jursisdictions thereof are explicitly stipulated in the BiH Constitution. The BiH Constitutional Court, as a last instance in the interpretation of the BiH Constitution, shall have the final word in constitutional disputes arising between other constitutional authority. The mission of the BiH Constitutional Court to protect the BiH Constitution, forces it at the same time to selfrestriction. The BiH Constitutional Court carries a special burden of responsibility, notably that of deciding, in the last instance, the most important constitutional issues in BiH. Appellate jurisdiction the Constitutional Court is a novelty in the legal system of Bosnia and Herzegovina. Through an appeal filed with the Constitutional Court, the appellant is given an opportunity to have reviewed the legal acts of all three state powers, if they are in violation of the appellant‘s legal and constitutional position. The appeal has a subsidiary character, since it is admissible only if protection through effective regular legal remedies falls.

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