Subject of review

The subject of review, i.e., the referred case, may be a law that should be reviewed as to whether it is consistent with the BiH Constitution or with other mentioned criteria. On the other hand, it may be some general regulation of international law whose existence or effect, according to the standpoint of the court referring the case, should be clarified by the Constitutional Court. Accordingly, from the aspect of systematic interpretation of this provision, a request is inadmissible where the ordinary courts refer the issue as to clarifying which one of two contradictory judicial decisions should be applied to a specific case before the criminal court because such an issue does not make an admissible case for review. This also applies if the enforcement of one of these two judgments on criminal sanction would eventually lead to a violation of Article 6 of the ECHR and Article 4 of the Additional Protocol to the ECHR because parallel criminal proceedings are still under way.³⁵⁵²