INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
01288 17 Gž dated 09 March 2018 had quashed the first-instance decision dated 12 July 2017 and
returned the case to the Court for re-trial. Until the moment of lodging the complaint to the
Ombudsman the complainant had no information about the developments in his case. In processing
the case, the cooperation with the Municipal court in Cazin could not been established so that the
Ombudsman issued its recommendation. 128 The recommendation was not implemented.
Example: Ombudspersons processed a case 129 in which it claimed that on 26 December 2017
through the legal representative he initiated a lawsuit before the Basic Court in Banja Luka under
number: 71 0 P 275425 17 P. Until the moment of filing the complaint to the Ombudsman no
hearing was scheduled in this legal matter. After the investigation procedure the Ombudsman
issued its recommendation 130 to the Basic Court in Banja Luka. In its reply 131 the Basic court said
the following: „...Since on 11 July 2019 the conditions for scheduling the preliminary hearing
have been met, on 26 July 2019 the case judge ordered the preliminary proceedings to be
scheduled for 28 November 2019....“.
5.1.1. Enforcement from public budgets
For years now Ombudspersons have pointed out to the complaints related to the impossibility or
difficulty of enforcing the final judgments. The problem is particularly big in the situation when
the respondent party is a municipality, canton or entity, in which cases the execution can be carried
out only over the funds provided for that purpose, and in the amount provided by the budget line
of a certain public body earmarked for that purpose, for a specific budget year.
Example: Ombudspersons processed a case 132 in which the respondent party was the Ministry of
Finance of the Government of Sarajevo Canton. In the complaint is is explained: by the judgment
rendered by the Municipal Court in Sarajevo 133 and the Cantonal Court in Sarajevo 134 it was
ordered to Sarajevo Canton to pay an amount of 4,038.00 BAM 135 to the complainant (plaintiff in
the lawsuit), an employee of the Cantonal Prosecutor's Office in addition to the default interest to
be calculated starting from 17 October 2011 till the date of payment. Under a decision of the
Municipal Court in Sarajevo 136 the Canton Sarajevo is ordered to enforce this decision and pay the
mentioned amount to the complainant. For non-enforcement of this decision the complainant
addressed the Ministry of Finance of the Sarajevo Canton, which replied in a letter no.: 08-05SI/18 dated 22 February 2018. On 02 March 2018 the complainant addressed the Union banka
d.d. Sarajevo for the enforcement under the Court Decision 137 and was replied 138 that the bank
could not act on her request because as of the date 13 March 2018 the Bank did not receive a
128
Recommendation no. P-130/19 dated 07 May 2019
Ž-BL-08-313/19
130
Recommendation no. P-158/19 dated 07 August 2019
131
A document issued by the Primary Court in Banja Luka no. 071-0-Su-19-001287 dated 05 September 2019
132
Ž-SA-05-1367/18
133
A judgment of the Municipal Court in Sarajevo no.: 65 0 Rs 212980 11 Rs dated 26 June 2012
134
A judgment of the Municipal Court in Sarajevo no.: 65 0 Rs 212980 12 Rsž dated 16 July 2013
135
As follows: difference for holiday allowance for 2010 an amount of 404.00 BAM, the difference in holiday
allowance for 2011 an amount of 419.00 BAM, and an amount of 1,836. 27 BAM, food allowance for 2010 an amount
of 1,358.33 BAM, the difference in food allowance from January 2011 till 01 October 2011
136
A judgment of the Municipal Court in Sarajevo no.: 65 0 I 376286 13 I dated 27 September 2013
137
A judgment of the Municipal Court in Sarajevo no.: 65 0 I 376286 13 I dated 27 September 2013
138
A document issued by the Union Bank no.: 10/4-2-3759-1/18 od 13.03.2018
129
40
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents