Constitutional Court

The Applicant, the Bosnian Union of Kosovo (BUK), filed a Referral pursuant to Article 113.7 of the Constitution contending that its right to complain was infringed by the Supreme Court’s decision rejecting the Applicant’s appeal of a determination by the Electoral Complaints and Appeals Commission (ECAP) that upheld the imposition of a fine on the BUK by the Political Party Registration Office (PPRO). The Supreme Court ruled that BUK’s appeal was inadmissible by law because the fine imposed was below the 5000 EUR threshold in such matters. In reply, ECAP submitted clarifying and supporting documentation regarding its decision, as well as evidence that the same criteria had been applied to other political parties, The Court held that the Referral was inadmissible because the Applicant had failed to complain before the 4-month deadline set by Article 113.7 of the Constitution and Article 49 of the Law on the Constitutional Court, which is made applicable to legal entities by Article 21.4 (granting legal entities the same rights as individuals) of the Constitution