The Court BiH is competent to decide on lawsuits filed from final administrative acts or silence of administration of the institutions of Bosnia and Herzegovina and its bodies, public agencies, public corporations, institutions of the Brčko District and other organizations as provided by the law of the State of Bosnia and Herzegovina, in the exercise of a public function. The Court, in particular, has the jurisdiction over the following: the assessment of the legality of individual and general enforceable administrative acts issued under State law in the exercise of public functions by the authorities of Bosnia and Herzegovina, for which judicial review is not otherwise provided by law; property disputes between the State and the Entities, between the State and the Brčko District, between the Entities, between the Entities and the Brčko District, between the institutions of Bosnia and Herzegovina related to the exercise of public functions; conflict of jurisdiction between courts from the Entities, and between courts of the Entities and courts of the Brčko District, and between the Court of Bosnia and Herzegovina and any other court; reopening of proceedings in disputes.
Frequently asked questions
The Administrative Division of the Court of Bosnia and Herzegovina decides administrative disputes in sessions closed for the public. Due to the complexity of disputed matters, or if otherwise it concludes it is necessary for a better explanation of the situation, the Court may decide to hold oral hearing.
An administrative dispute may only be conducted against the final administrative act. The final administrative act, in terms of this law, is an act by which the competent institution (institutions of Bosnia and Herzegovina, in terms of this law, are as follows: the Ministries of Bosnia and Herzegovina and their bodies, public agencies, public corporations, institutions of the Brčko District of Bosnia and Herzegovina and other organizations as stipulated by law of the state of Bosnia and Herzegovina executing public authorities, which under the Constitution of Bosnia and Herzegovina fall under the jurisdiction of Bosnia and Herzegovina) decides on certain rights or obligations of citizens or legal entities in an administrative matter. The administrative dispute may be conducted when the status of civil servants is decided under the administrative act.
The Court shall settle the administrative dispute by delivering a judgment.
The judgment either upholds or dismisses the legal action as ungrounded. If the action is upheld, the Court shall annul the disputed final administrative act. If the action was initiated because of administrative silence, and the Court finds the legal action justifiable, it shall deliver a judgment upholding the action, annul the disputed final administrative act and give the guidelines to the authorized institution as to a new decision, or it shall settle the administrative matter by a judgment. In cases where the Court does not decide by a judgment, it shall issue a decision.
Extraordinary legal remedies in the administrative dispute are as follows:
Request for reopening of proceedings;
Request for protection of legality;
Request for review of court judgment.
Relevant provisions of the law governing civil procedure shall apply to the issues concerning the procedures in administrative disputes that are not regulated by the BiH Law on Administrative Disputes.
The Administrative Division of the Court of BiH-civil cases is competent to decide property disputes (civil proceedings) between the state of Bosnia and Herzegovina and the Entities, between the State and the Brčko District of Bosnia and Herzegovina, between the Entities, between the Entities and the Brčko District and between the institutions of Bosnia and Hercegovina executing public authorities. The provisions of this Law shall also apply to property disputes arising from the damage caused in the course of performance of the administrative bodies of Bosnia and Herzegovina, other institutions of Bosnia and Herzegovina and official persons of these bodies and institutions, and to litigations concerning violations of the rights under labor relations.
Civil proceedings are initiated by bringing legal action. The legal action must include the following: the legal grounds for the Court’s jurisdiction, specific claim regarding the main subject matter and subsidiary claims (legal claim), facts serving as grounds for the legal claim, evidence corroborating those facts, the value of the dispute subject matter, the legal grounds of the claim and other data each court submission must contain. The court shall not be bound by the legal grounds of the claim. The court shall act upon the legal action also when the plaintiff has not stated the legal grounds of the claim.
The court shall pass decisions in the form of Judgments or Decisions. The court shall decide on legal claims by passing a Judgment, while in the proceedings on disturbing the possession of real estate it shall issue a Decision. The court shall decide on all other issues by a Decision. The decision on the expenses in the Judgment shall be considered a Decision.
An appeal is a regular legal remedy in civil proceedings. Parties may file an appeal from the first-instance Judgment within 30 days of the date when the Judgment was delivered, or, if the Judgment is served pursuant to the provisions of this law on judgment service, within 30 days of the date of certified copy delivery, if not otherwise stipulated under this law. The relevant time-frame in disputes concerning bills of exchange and cheques is 15 days.
Extraordinary legal remedies in civil proceedings are the revision and reopening of court cases.