Information Note on the Court’s case-law 226
February 2019
Baralija v. Bosnia and Herzegovina (communicated case) - 30100/18
Article 1 of Protocol No. 12
Inability to vote and stand in local election due to legal void in legislation: communicated
On 25 November 2010 the Constitutional Court of Bosnia and Herzegovina declared certain provisions of the Electoral Law of Bosnia and Herzegovina and the Statute of the City of Mostar, dealing with the election of the councillors to the City Council of Mostar, as unconstitutional and, inter alia, ordered the Parliamentary Assembly to amend those provisions within six months. As this order had not been implemented, the Constitutional Court declared the contested provisions null and void in its decision of 18 January 2012. The relevant provisions dealing with local elections in the city of Mostar have not yet been amended, and as a result those elections cannot be held.
The applicant is the president of the local branch of her political party “Naša stranka” in the city of Mostar, where she is also resident. The application concerns the applicant’s inability to vote and stand in the elections of the councillors to the City Council of Mostar, because of the legal void in the relevant legislation. The applicant complains that she is being unjustifiably treated differently from residents of all other municipalities in Bosnia and Herzegovina, who can vote and stand in the local elections.
Communicated under Article 1 of Protocol No. 12.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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