iii. Administrative acts

When it comes to the possibility of challenging administrative decisions, the Constitutional Court has adopted a clear conclusion in Case No. U 46/01: judicial and administrative decisions may be the subject of review by the Constitutional Court, if all legal remedies have been exhausted.³¹⁷⁶ In that particular case, the appellant, however, did not have the right to file an appeal, since she was not directly affected by the acts she challenged. The administrative acts may be challenged under Article VI.3(b) of the BiH Constitution as it also follows from a contrario conclusion adopted in Cases Nos. U 7/00 and U 14/00. In these decisions, the Constitutional Court quashed, in addition to the challenged administrative/judicial decisions, unconstitutional administrative acts. Therefore, the Constitutional Court considered itself competent to examine the constitutionality of the challenged acts and, if necessary, to quash them. However, a direct address to the Constitutional Court with the aim of challenging an administrative act is possible only if the appellant submits evidence proving that “he/she was not given opportunity to exhaust any effective and adequate legal remedy” before the competent authorities of the Entities, as it is provided for by Article VI.3(b) and Article 11, paragraph 3 of the applicable Rules of the Constitutional Court.³¹⁷⁷ In that case, the subject of the dispute before the Constitutional Court is not only the deprivation of the “right of access to a court” to challenge administrative acts, but also the act itself. An individual does not have to submit evidence proving that he/she has been deprived of access to a court, but only that an effective and adequate legal remedy does not exist.