Relation between Article 1 of Additional Protocol No. 1 to the ECHR and Article II.3(k) of the BiH Constitution
Article II.3(k) of the BiH Constitution is limited – as is usually the case with constitutions – to the quotation on the right to property1753 as one of the rights under the ECHR, which is to be secured to all persons on the territory of Bosnia and Herzegovina. The protection of the right to property, according to this constitutional provision and according to the standpoint of the BiH Constitutional Court, does not go beyond the scope of protection under Article 1 of the Additional Protocol to the ECHR.1754
Footnotes
The BiH Constitution and the ECHR contain the term “property” which has a wider meaning than the meaning of the term “ownership”. For more details, see the text under the heading “7. The scope of control”, p. 167.
U 16/00, U 11/01, paragraph 18, U 12/01, paragraph 34, U 27/01, paragraph 30. 1755 Decision of the Federal Constitutional Court of Germany, BVerfG, 58, 300 (336); translation provided by D. P.