Comments made by the OHR Legal Department concerning Case number U-6/06, constitutionality of certain provisions of the Law on Salaries and Other Compensations in Judicial and Prosecutorial Institutions at the level of BiH
On 8 May 2006, the Constitutional Court of Bosnia and Herzegovina invited the Office of the High Representative (hereinafter “OHR”) to participate as a party to the proceedings in its Case U-6/06.
Amicus Curiae submission in the matter of CH/03/15129, et al. v. FBiH
The question whether the State, the Federation of Bosnia and Herzegovina (hereinafter: Federation), Republika Srpska (hereinafter: RS), and Brcko District of Bosnia and Herzegovina (hereinafter: Brcko District) are jointly or severally responsible for claims arising from so-called “War Damages” appears to turn on an analysis of the legislative bas [...]
Amicus curiae submission in the matter of CH/99/2984, et al. v. BiH and FBiH
Article III (1) d. of the BiH Constitution provides that the institutions of Bosnia and Herzegovina shall be responsible for, inter alia, “monetary policy” and obliges the State of BiH, under Article II 1, to “…ensure the highest level of internationally recognized rights and fundamental freedoms”, including “the right to property” as specified by [...]
Comments and preliminary observations the OHR concerning Case number CH/O314958, Nikola Grabovac v. BiH and FBiH
On 6 October 2002, the High Representative enacted a package of immunity legislation in Bosnia and Herzegovina, including the Law on Immunity of the Federation of Bosnia and Herzegovina, (“the Law on Immunity”), consequently adopted by the Parliament of the Federation of Bosnia and Herzegovina (Official Gazette of F BiH 19/03). The enactment of th [...]
Written observations of the OHR Legal Department concerning the request of the applicant in Case No. CH/03/12932
On 3 December 2003, the Plenary Chamber of the Human Rights Chamber for BiH rendered a decision in the case of Dzaferovic v FBiH whereby it declared admissible the application of a police officer alleging violations of his rights under the ECHR relating to his dismissal by his employer pursuant to a decision from the UN/IPTF and retained the applic [...]
Comments and preliminary observations made by the OHR concerning Case number U-24/02
In the fall of 2002, the Office of the High Representative (“OHR”) convened a Round Table of experts from Bosnia and Herzegovina (“BiH”), including lawyers, academics, prosecutors and judges, in order to develop strategies for the reform of immunity legislation in Bosnia and Herzegovina.
Comments and preliminary observations made by the OHR Legal Department concerning the Case number CH/02/12470, Obradović v. BiH and the FBiH
The General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter the “GFPA”) was adopted with a view to restore of peace and stability in Bosnia and Herzegovina.
Comments made by the OHR Legal Department concerning request for evaluation of constitutionality of the HR’s Decision 162/02, Case number U-56/02
In May 2002, three High Judicial and Prosecutorial Councils were established by Law, namely, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina n° 15/02, 26/02, 35/02, the Federation of Bosnia and Herzegovina n° 29/02, 47/02, 62/02, the Republika Srpska n° 40/02, 58/02, 77/02, Brcko Dis [...]
Questions regarding the frozen foreign currency savings concerning the Case No. CH-98-420
Some of these questions have their origin in the fact that in most of the cases before the Chamber the applicants opened savings accounts with branch offices located in what is now the Republika Srpska of banks headquartered in Sarajevo.
Comment submitted by the OHR Legal Department concerning the request of the applicant in Case No. U-13/02
Comments made by the Legal Department of the Office of the High Representative