BiH pred Europskim sudom za ljudska prava
BiH before the European Court of Human Rights

Author(s): Monika Mijić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; BiH; EU; human rights; European Convention on Human Rights; judiciary; discrimination;
Summary/Abstract: Since ratification of the European Convention on Human Rights on 12 July 2002, the respect of human rights in Bosnia and Herzegovina has been a subject of control by the European Court of Human Rights. The Court delivered 16 judgments against Bosnia and Herzegovina so far and in 15 judgments it found violation of Convention rights. Most of these judgments reveal structural problems in domestic legal order: a situation in which the established violation concerns not only individual applicant but also a number of other persons in similar situation. These judgments impose on BiH dual legal obligations: 1) to undertake, subject to the Committee of Ministers' supervision, general measures to prevent new, similar violations and, if appropriate, individual measures to end the established violation; and 2) to pay applicants the sums awarded by way of just satisfaction. The author analyzes the most significant Court’s judgments delivered against BiH and their impact to BiH’s legal system in terms of legal obligations concerning the implementation of these judgments, as well as measures taken so far by domestic institutions.

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