Prohibition of abuse of appeal

The appeal is inadmissible if the appellant abused his/her right to file an appeal (Article 16, paragraph 4, item 7 of the applicable Rules of the BiH Constitutional Court). Article VIII.2(c) of Annex 6 provides for a similar provision. The Constitutional Court uses this provision with precaution if the case relates, for example, to a manifestly insolent appeal or the appeal of a “wanton litigant”. In any event, the appeals which were declared inadmissible for these reasons would have been declared inadmissible for other reasons too. So, for example, there is an abuse of the right to file an appeal if the appellant files the appeal despite the fact that the lower-instance court quashed (in favour of the appellant) the challenged judgment and referred the case back for new proceedings and decision, whereas the appeal is not filed with the aim of protecting the appellant’s constitutional rights and freedoms but with the aim of attacking and offending the court. Such an appeal cannot lead to a practical and constructive aim.³¹⁵² Likewise, there is an abuse of the right to file an appeal if the appellant challenges a decision which the Human Rights Commission within the BiH Constitutional Court took in the appellant’s favour.³¹⁵³ In another case, the appellant filed a new appeal after the Constitutional Court had taken a decision instead of initiating proceedings before the Supreme Court of the Republika Srpska, as it was ordered to do by the Constitutional Court.³¹⁵⁴