Last Updated on November 9, 2019 by LawEuro
Communicated on 15 January 2019
FOURTH SECTION
Application no. 30100/18
Irma BARALIJA
against Bosnia and Herzegovina
lodged on 4 June 2018
SUBJECT MATTER OF THE CASE
The applicant is the president of the local branch of her political party “Našastranka” in the city of Mostar, where she is also resident. The application concerns the applicant’s inability to vote and stand in the elections of the councillors to the City Council of Mostar, because of the legal void in the relevant legislation.
On 25 November 2010 the Constitutional Court of Bosnia and Herzegovina declared certain provisions of the Electoral Law of Bosnia and Herzegovina and the Statute of the City of Mostar, dealing with the election of the councillors to the City Council of Mostar, as unconstitutional and, inter alia, ordered the Parliamentary Assembly to amend those provisions within six months. As this order had not been implemented, the Constitutional Court declared the contested provisions null and void in its decision of 18 January 2012. The relevant provisions dealing with local elections in the city of Mostar have not yet been amended, and as a result those elections cannot be held.
The applicant complains that she is being unjustifiably treated differently from residents of all other municipalities in Bosnia and Herzegovina, who can vote and stand in the local elections.
QUESTION tO THE PARTIES
Has the applicant suffered discrimination, on the grounds of her residency, in the enjoyment of her rights guaranteed by the domestic law on local elections, contrary to Article 1 of Protocol No. 12 to the Convention?
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