The Constitutional Court of Bosnia and Herzegovina is the highest judicial authority for the protection of human rights and fundamental freedoms, serving as the final instance after all legal remedies before regular courts in Bosnia and Herzegovina have been exhausted. One of the most important legal mechanisms before the Constitutional Court of BiH is the constitutional appeal, through which natural and legal persons can seek protection of their rights guaranteed by the Constitution of BiH and the European Convention on Human Rights and Fundamental Freedoms.
According to the Constitution of BiH, any natural or legal person who believes that an individual decision by a court, administrative body, or other public authority has violated one of their fundamental human rights and freedoms may file a constitutional appeal. It is not a requirement that the appellant be a citizen of Bosnia and Herzegovina — the right to appeal belongs to everyone, regardless of nationality, if the violation occurred on the territory of BiH.
A constitutional appeal can be filed only after all effective legal remedies available before domestic courts have been exhausted. This means it is necessary to first use the right to appeal or any other form of legal protection provided by law. The deadline for filing the appeal is 60 days from the date of receipt of the final decision of the competent authority. It is crucial that the appeal is submitted within this deadline, otherwise it will be dismissed as inadmissible.
The Constitutional Court of BiH protects human rights and freedoms guaranteed by the European Convention on Human Rights and Fundamental Freedoms and its protocols, which are directly applicable in Bosnia and Herzegovina. Some of the most frequently violated rights include the right to a fair trial, property rights, prohibition of discrimination, right to private and family life, freedom of expression, freedom of religion, right to education, freedom of movement and residence, as well as the prohibition of torture and inhuman or degrading treatment. These rights belong to all persons regardless of their national, ethnic, religious, or political affiliation, language, gender, origin, or property status.
Filing a constitutional appeal before the Constitutional Court of BiH is a formal and legally demanding process. The appeal must be clearly and precisely reasoned, stating the specific rights violated and evidence that all prior legal remedies have been exhausted. An improperly prepared or incomplete appeal may be dismissed without consideration of the substance of the rights violation.
Our law office provides comprehensive legal assistance and representation in proceedings before the Constitutional Court of BiH. Our services include case analysis and assessment of the grounds for appeal, drafting the appeal in accordance with the practice of the Constitutional Court and the European Court of Human Rights, as well as representation and conduct of proceedings before the Court. Proper preparation of the appeal, combined with knowledge of relevant case law and procedural requirements, significantly increases the chance of success.
If you believe that your fundamental human rights have been violated and the regular courts have failed to provide adequate legal protection, you can contact us for expert advice and legal assistance. A timely and properly submitted appeal can be decisive for the protection of your constitutionally guaranteed rights.
If you need legal advice and representation in cases where a legal authority fails to issue a decision on your request, you are in the right place with us and can contact our lawyers directly by phone (+387 62 423 413) or by e-mail (info@partners.haracic.ba).
