Resolution CM/ResDH(2012)148[1]
2 cases against Bosnia and Herzegovina
Execution of the judgments of the European Court of Human Rights
(Karanović, Application No. 39462/02, judgment of 20/11/2007, final on 20/02/2008
Sekerovic and Pasalic, Applications Nos. 5920/04 and 67396/09, judgment of 08/03/2011, final on 15/09/2011)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in the above cases and to the violations established (see document DH-DD(2012)736E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)736E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
Action report
Šekerovič and Pašalič v. Bosnia and Herzegovina (app. nos. 5920/04 and 67396/09), judgment of 8 March 2011, final on 15 September 2011
Karanovič v. Bosnia and Herzegovina (app. no. 39462/03), judgment of 20 November 2007, final on 20 February 2008
I Case description
In its judgment Šekerovič and Pašalič, the European Court of Human Rights (the "Court") found violations of several provisions of the Convention on the account of non-enforcement of the decisions of the Human Rights Chamber and the Constitutional Court of Bosnia and Herzegovina ("BiH"). These courts found discrimination against the applicants in enjoyment of their pension rights.
The case Šekerovič and Pašalič v. Bosnia and Herzegovina is similar to Karanovič v. Bosnia and Herzegovina, no. 39462/03, judgment 20 November 2007.
Given the large number of potential applicants, which represents a threat to the future effectiveness of the Convention machinery, in the Šekerovič judgment the Court ordered BiH to secure the amendment of the relevant legislation in order to render the applicants and others in that situation (namely those who were granted pensions in what is today the Federation of Bosnia and Herzegovina ("FBi H") before the war, who then moved to what is today the Republika Srpska ("RS") during the war, and who, for that reason only still received RS Fund pensions despite their return to the Federation after the war) eligible to apply, if they so whished, for FBiH Fund pensions (see paragraph 42).
II Just satisfaction
The national authorities have paid the just satisfaction awarded to the applicant Karanovič on 23 April 2008 and to the applicant Pašalič on 28 October 20 II.
The applicant Šekerovič did not submit any claim for just satisfaction (see paragraph 43. of the judgment).
III Individual measures
The applicant Karanovič has been transferred to the FBiH Pension Fund. He has realised his pension rights within this Fund since 21 February 2008.
On 11 November 2011, the applicant Pašalič withdrew her request for pension from the FBiH Pension Fund. She stated, in particular, that the pension she has been receiving from the RS Pension Fund was higher that the pension she would have received from the FBiH Pension Fund. Therefore, she clearly stated she was not interested to transfer her pension to the FBiI-I Pension Fund.
The applicant Šekerovič has been transferred to the FBiH Pension Fund. His pension has been paid by this Fund since I June 20 II.
IV General measures
a) Publication and dissemination
Both judgments have been translated and published on the web site of the Office of the Government Agent (see ) and in the "Official Gazette of BiH", no. 25/08 and 7/1 2 in all three official languages.
The judgments have been also transmitted to the Council of Ministers of BiH, the Constitutional Court of Bill, RS and FBiH Governments, the FBiH Ministry of Labour and Social Policy, the Constitutional Courts of the Entities, Supreme Courts of the Entities and the RS and FBiH Pension Funds.
b) Legislative measures
The steps aimed at introducing the legislative amendments necessary to implement these judgments have been taken even before the judgment in the Šekerovič case became final.
In August 2011 the FBiH Ministry of Labour and Social Policy prepared the draft amendments to the Pension and Disability Insurance Law. These draft amendments provide that individuals who were granted pensions in what is today the FBiH before the war, who then moved to what is today the RS during the war, and who, for that reason only, still receive RS Fund pensions despite their return to the Federation after the war, are eligible to apply, if they so whish, for FBiH Fund pensions.
The Ministry forwarded these draft amendments to the Cantonal Assemblies for their consideration and opinion. On 28 December 2011 the Ministry also forwarded these draft amendments for approval to the FBiH Ministry of Justice, the FBiH Ministry of Finance and the FBiH authority in charge for legislation and compatibility check with the EU regulations.
The foregoing authorities granted their approval in respect of the draft amendments. Thereafter, on 24 January 2012, the FBiH Government approved these draft amendments and forwarded them to the FBiH Parliament for adoption as a matter of priority.
The FBiH Parliament adopted the Amendments to the Pension and Disability Insurance Law on 15 May 2012. The Amendments are published in the "Official Gazette of FBiH", no. 55/1 2 of 27 June 2012, and entered into force on 28 June 2012.
By amending the relevant legislation as stated above, the national authorities implemented the Court’s judgments in the cases of Karanovič and Šekerovič and Pašalič and fully complied with the Court’s order in Šekerovič and Pašalič to amend the relevant pension legislation.
V Conclusion
The Government Agent of BiH considers that Bosnia and Herzegovina has taken the necessary measures to prevent similar violations and has thus complied with its obligation under Article 46§ I. It is therefore proposed to the Committee of Ministers to close further examination of the cases Karanovič v. BiH and Šekerovič and Pašalič v. BiH.
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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