Constitutional Court

According to Article 32 of the Rules of the Constitutional Court, the BiH Constitutional Court is bound by the appellant’s request when examining possible violations of human rights and freedoms. The BiH Constitutional Court shall thus examine only those violations that are stated in the appeal. However, the appellant’s failure to specify the relevant provisions of the BiH Constitution and the ECHR is not an obstacle to an extensive examination by the BiH Constitutional Court if the appellant sufficiently substantiates his/her appeal.³³¹⁵ Furthermore, in Case No. AP 1125/05, the Court outlined that it was proprio motu necessary to assess whether a constitutional right (in the case in question, Article 5 of the ECHR) had been violated, since it was adequate in the circumstances, although the appellant’s appeal did not go to such lengths.³³¹⁶