ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
of property and should therefore be construed in the light of the general principle enunciated in the
first rule. 44
An interference of the state must achieve a "fair balance" between the demands of the general
interest of the community and the requirements of the protection of the individual’s fundamental
rights. The concern to achieve this balance is reflected in the structure of Article 1 (P1-1) as a
whole, including the second paragraph: there must therefore be a reasonable relationship of
proportionality between the means employed and the aim pursued.“ 45
Ombudspersons remind that an interference with the right to peaceful enjoyment of property is
only allowed if it is prescribed by law, in the public interest and necessary in a democratic society.
In 2019 the Department registered 168 cases and issued six recommendations. The cases relate to
impossibility to enter the change of ownership in the public registries, lack of meeting the
requirements for real estate renovation, annotation of the administrative proceedings initiation in
case of property disputes.
Example: 46 The complainant complained of the Company ZP "Elektro Doboj" a.d. Doboj –Doboj
Branch Office claiming that he addressed them with a request to remove an electric pole from his
property, but they failed to make a decision in this regard by the moment of his lodging a complaint
to the Ombudsman. On request of the Ombudsman the responsible party replied 47 claiming that
the electric pole was relocated in presence of the complainant. In this way the complaint was
resolved to the favor of the complainant.
Example: 48 The complainant expressed his dissatisfaction with the Republic Land Survey and
Property Administration - Branch Unit Šipovo for the failure to make a decision in the repeated
administrative proceedings. The Ombudsman issued its recommendation to the responsible
party 49, which informed the Ombudsman 50 that the required decision was made and the
recommendation of Ombudspersons implemented.
Example: 51 The Ombudsman received a complaint against the Urbanism and Construction
Department of the Town of Mostar in relation to their failure to repeate administrative proceedings
as instructed by the Cantonal Court in Mostar in its relevant judgment. After the Ombudsman's
intervention the responsible party informed that the subject proceedings were continued, and the
expert team sent to the field and made a record on the status of the construction as corroborated
by the complainant. In this way the case was successfully resolved.
44
S.A. Dangeville v. France (16 August 2002)
Gasus Dosier und Fördertechnik GmbH v. the Netherlands (23 February 1995.) Series A no. 306-B; paragraph 62
46
Ž-BL-05-673/19
47
A document of the Ombudsman no.: 3187-19-1 dated 18 October 2019
48
Ž-BL-05-130/19
49
P-249/19, dated 22 October 2019
50
A document no.: 21.54/952-334/04 dated 02 December 2019
51
Ž-MO-05-36/19
45
25
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