Published on 3 June 2024
FOURTH SECTION
Application no. 44804/22
Vesna OMERAGIĆ
against Bosnia and Herzegovina
lodged on 14 September 2022
communicated on 17 May 2024
SUBJECT MATTER OF THE CASE
The application concerns the non-enforcement of a final decision of 18 November 2011 by which the applicant was entitled, under section 56 of the Privatisation of Flats Act of 2007 (“the Act”), to be allocated a suitable flat in lieu of a flat in respect of which she had occupancy right and which had been destroyed during the 1992-95 war in the respondent State. The applicant’s enforcement request was rejected on account of lack of available housing units in the Bosanski Brod Municipality. On 26 October 2016 and 8 June 2022 (served on the applicant on 20 June 2022), the Constitutional Court dismissed the applicant’s appeals as manifestly ill-founded. In the meantime in 2020, the time-limit for the allocation of replacement flats set in the Act, was extended to 30 June 2025.
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicant complains about the non-enforcement of the final decision in her favour.
QUESTION TO THE PARTIES
Has there been a violation of Article 6 of the Convention and/or Article 1 of Protocol No. 1 to the Convention on account of the non-enforcement of the final decision of the Bosanski Brod Municipality of 18 November 2011 in the applicant’s favour (see Đukić v. Bosnia and Herzegovina, no. 4543/09, 19 June 2012; Milisavljević v. Bosnia and Herzegovina, no. 7435/04, 3 March 2009; and Giza v. Poland, no. 48242/06, 13 July 2010)?