The case originated in an application against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 21 October 2020.<\/p>\n
FOURTH SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of \u017dili\u0107 v. Bosnia and Herzegovina,<\/strong><\/p>\n The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n Armen Harutyunyan, President, Having deliberated in private on 5 May 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in an application against Bosnia and Herzegovina lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on 21\u00a0October\u00a02020.<\/p>\n 2. The applicant was represented by Mr B. Bo\u017ei\u0107, a lawyer practising in Travnik.<\/p>\n 3. The Government of Bosnia and Herzegovina (\u201cthe\u00a0Government\u201d) were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n 4. The applicant\u2019s details and information relevant to the application are set out in the appended table.<\/p>\n 5. The applicant complained of the excessive length of administrative proceedings.<\/p>\n THE LAW<\/strong><\/p>\n I. ALLEGED VIOLATION OF ARTICLE\u00a06 \u00a7 1 OF THE CONVENTION<\/strong><\/p>\n 6. The applicant complained that the length of the administrative proceedings in question had been incompatible with the \u201creasonable time\u201d requirement. He relied on Article\u00a06 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article\u00a06\u00a0\u00a7\u00a01<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a … hearing within a reasonable time by [a] … tribunal …\u201d<\/p>\n 7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see Frydlender v.\u00a0France [GC], no.\u00a030979\/96, \u00a7\u00a043, ECHR 2000-VII).<\/p>\n 8. In the leading cases of Scordino v. Italy (no. 1) [GC], no. 36813\/97, \u00a7\u00a7\u00a0134-227, ECHR 2006-V, and Dori\u0107 v. Bosnia and Herzegovina [Committee], no. 68811\/13, \u00a7\u00a7\u00a014-16, 7 November 2017, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n 9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the \u201creasonable time\u201d requirement.<\/p>\n 10. These complaints are therefore admissible and disclose a breach of Article\u00a06 \u00a7 1 of the Convention.<\/p>\n II. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 11. Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n 12. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Scordino, cited above, \u00a7\u00a7\u00a0260-73, and Dori\u0107, also cited above), the Court considers it reasonable to award the sums indicated in the appended table and dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n 13. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Declares the application admissible;<\/p>\n 2. Holds that this application discloses a breach of Article\u00a06 \u00a7 1 of the Convention concerning the excessive length of administrative proceedings;<\/p>\n 3. Holds<\/p>\n (a) that the respondent State is to pay the applicant, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 4. Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 25 May 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Armen Harutyunyan ____________<\/p>\n APPENDIX<\/strong>
\nCASE OF \u017dILI\u0106 v. BOSNIA AND HERZEGOVINA<\/strong>
\n(Application no. 49551\/20)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n25 May 2022<\/p>\n
\nJolien Schukking,
\nAna Maria Guerra Martins, judges,
\nand Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nApplication raising complaints under Article 6 \u00a7 1 of the Convention
\n(excessive length of civil and\/or administrative proceedings)<\/p>\n