Case summaries
Muqishta v. Bosnia and Herzegovina, Application no. 27994/19, 2021
Country of applicant:
Bosnia and Herzegovina
Keywords:
Effective access to procedures, Effective remedy (right to), Procedural guarantees, Health (right to)
The Court decides that the Bosnian administrative authorities unlawfully disregarded the legal provisions pursuant to which the applicant was entitled to other, similar benefits, despite the fact that she specifically invoked those provisions in her appeal. The Sarajevo Cantonal Court thus did not give the applicant’s case a fair hearing. Moreover, the applicant’s case was not remedied by the Constitutional Court.
The Court decides that the proceedings were excessive and failed to meet the ‘reasonable time’ requirement; the Bosnian Government did not put forward any fact or argument capable of justifying the length of the proceedings.
Date of decision:
31-08-2021
Relevant International and European Legislation:
Article 14,Article 35,Article 41,Art 6.1,Art 6.2,Art 6.3 (a),Art 6.3 (b),Art 6.3 (c),Art 6.3 (d),Art 6.3 (e),Art 1