Cases before the European Court of Human Rights

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Case BLEČIĆ V. CROATIA (application no. 59532/00), before the Grand Chamber

On 8 March 2006, with a majority of 11 votes to six, the Grand Chamber of the European Court of Human Rights ruled that the case was inadmissible ratione temporis. The case could have had a crucial impact the fate of tens of thousands of Croatian Serb refugees who lost their occupancy rights to socially owned flats after fleeing the 1991-95 armed conflict in Croatia.
See Grand chamber judgment here:: Blecic v. Croatia

Case SEJDIĆ AND FINCI V. BOSNIA AND HERZEGOVINA (no. 27996/06), before the Grand Chamber

The Grand Chamber judgment is far-reaching for several reasons:
  • Firstly, this was the first case in which the Court applied the general prohibition of discrimination in Protocol No. 12 to the European Convention;
  • Secondly, the Court found that a part of a country's highest law - its constitution - contravened the European Convention on Human Rights;
  • Thirdly, since the Bosnian Constitution is contained in Annex IV of the General Framework Agreement for Peace (the so-called Dayton Peace Accords) which had come about after a terrible war and protracted negotiations, the Court judgment therefore questioned the fundamentals of the peace agreement.

See webcast of the hearing: Grand Chamber hearing in the case Sejdic and Finci v. Bosnia-Herzegovina - The Court held a Grand Chamber hearing in the case Sejdic and Finci v. Bosnia-Herzegovina. The applicants allege that Bosnian law prevents them from running for the Presidency and the House of Peoples of the Parliamentary Assembly because of their ethnic origins.

Download the Grand Chamber Judgment in Sejdic and Finci v. Bosnia

click here to download file

Case ANTONIO GUTIÉRREZ DORADO AND CARMEN DORADO ORTIZ V. SPAIN, (Application no. 30141/09).

On 27th March 2012, the 3rd section of the European Court of Human Rights issued its decision on Application no. 30141/09, Antonio GUTIERREZ DORADO and Carmen DORADO ORTIZ against Spain. See: http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=905618&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649

European Court rejected the application as inadmissible. By doing so it  set an important precedent regarding future prospects to tackle Spanish civil war atrocities.

JELIČIĆ RUZA v. Bosnia and herzegovina (Application No: 41183/02)

The case is far reaching for the following reasons:  Firstly because it was a test case on facts that affected thousands of citizens of Bosnia and Herzegovina. Before the dissolution of the Socialist Federal Republic of Yugoslavia thousands of individuals deposited foreign currency with commercial banks in that country. During and after the war in Bosnia and Herzegovina these individuals were unable to withdraw money from their accounts as they were blocked by legislative acts.  

Secondly, because the European Court was called to determine the international nature of some of the Annexes to the 1995 Dayton Agreement, in particular those annexes which were approved or signed by Bosnia and Herzegovina and its entities only (such as the Constitution of Bosnia and Herzegovina – Annex 4, the Agreement on Human Rights – Annex 6, and the Agreement on Refugees and Displaced Persons – Annex 7). The Dayton Agreement contains 11 articles only, which mostly set out the obligations for the three Contracting States to “welcome and endorse” and to “fully respect and promote fulfilment of the commitments” made in the annexes thereto. The substance of the commitments is contained in the annexes. The Court held that all the Annexes have to be considered as international treaties.

See the Venice Commission of the Council of Europe Amicus Curiae Brief (press here)  

See the ICHR Amicus Curiae Brief:

click here to download file

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