128-580: The Constitutional Court of Bosnia and Herzegovina ( Serbo-Croatian : Ustavni sud Bosne i Hercegovine , Уставни суд Босне и Херцеговине ) is the interpreter and guardian of the Constitution of Bosnia and Herzegovina , It has the appellate jurisdiction over issues arising out of a judgment of any other court in the country, including the constitutional courts of the two entities and the Court of Bosnia and Herzegovina . Bosnia and Herzegovina provides
256-623: A second language . Bosnian is spoken by 2.7 million people worldwide, chiefly Bosniaks , including 2.0 million in Bosnia and Herzegovina, 200,000 in Serbia and 40,000 in Montenegro. Montenegrin is spoken by 300,000 people globally. The notion of Montenegrin as a separate standard from Serbian is relatively recent. In the 2011 census, around 229,251 Montenegrins, of the country's 620,000, declared Montenegrin as their native language. That figure
384-494: A Yugoslav state was established. From the very beginning, there were slightly different literary Serbian and Croatian standards, although both were based on the same dialect of Shtokavian, Eastern Herzegovinian . In the 20th century, Serbo-Croatian served as the lingua franca of the country of Yugoslavia , being the sole official language in the Kingdom of Yugoslavia (when it was called "Serbo-Croato-Slovenian"), and afterwards
512-589: A bond that is not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe; it cannot be a member State of the Council of Europe if it does not respect pluralist democracy, the rule of law and human rights. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with
640-516: A broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. There have been cases discussing consensual familial sexual relationships, and how the criminalisation of this may violate this article. However, the ECHR still allows such familial sexual acts to be criminal. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted
768-446: A case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgments, particularly to ensure payments awarded by the court appropriately compensate applicants for the damage they have sustained. The convention has sixteen protocols , which amend the convention framework. The convention has had
896-405: A constitutional court in Bosnia and Herzegovina. In accordance with the federal structure of the former SFRY, not only was there a Constitutional Court at the federal level, but prior to the dissolution of former Yugoslavia, the six Republics and even the two Autonomous Provinces – Kosovo and Vojvodina – also had their own Constitutional Courts. The Constitutional Court of Bosnia and Herzegovina
1024-406: A criminal offence at the time of its commission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under domestic law at the time, so long as it was prohibited by international law . The Article also prohibits a heavier penalty being imposed than was applicable at the time when
1152-612: A dictionary, and a committee of Serbian and Croatian linguists was asked to prepare a pravopis . During the sixties both books were published simultaneously in Ijekavian Latin in Zagreb and Ekavian Cyrillic in Novi Sad. Yet Croatian linguists claim that it was an act of unitarianism. The evidence supporting this claim is patchy: Croatian linguist Stjepan Babić complained that the television transmission from Belgrade always used
1280-667: A direct response to twin concerns. First, in the aftermath of the Second World War , the convention, drawing on the inspiration of the Universal Declaration of Human Rights , can be seen as part of a wider response from the Allied powers in delivering a human rights agenda to prevent the most serious human rights violations which had occurred during the Second World War from happening again. Second,
1408-416: A distinction between the two, and again in independent Bosnia and Herzegovina , "Bosnian", "Croatian", and "Serbian" were considered to be three names of a single official language. Croatian linguist Dalibor Brozović advocated the term Serbo-Croatian as late as 1988, claiming that in an analogy with Indo-European, Serbo-Croatian does not only name the two components of the same language, but simply charts
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#17328023368301536-427: A divorced parent to his/her child). Notable cases: Article 9 provides a right to freedom of thought , conscience and religion . This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Relevant cases are: Article 10 provides
1664-458: A great impact on politics of Bosnia and Herzegovina, because there was a need to adjust the current state in the country with the decision of the Court. There was a narrow majority (5-4), in the favor of the applicant. The formal name of this item is U-5/98 , but it is widely known as the "Decision on the constituency of peoples" ( Serbo-Croatian : Odluka o konstitutivnosti naroda ), referring to
1792-487: A great part in the appointment of judges, so persons with very active political carriers have been chosen by the parliaments of entities, like the current judges Seada Palavrić and Mirsad Ćeman (former longtime members of SDA party ) or Krstan Simić (member of SNSD party before his selection). Judge Krstan Simić was subsequently dismissed from the Court by the consensus of other judges, because of his controversial correspondence with his former party leader. Decision on
1920-560: A language law that promulgated Croatian linguistic purism as a policy that tried to implement a complete elimination of Serbisms and internationalisms. On January 15, 1944, the Anti-Fascist Council of the People's Liberation of Yugoslavia ( AVNOJ ) declared Croatian, Serbian, Slovene, and Macedonian to be equal in the entire territory of Yugoslavia. In 1945 the decision to recognize Croatian and Serbian as separate languages
2048-410: A language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. Article 6 provides a detailed right to a fair trial , including
2176-505: A large part of the nations have lived side by side under foreign overlords. During that period, the language was referred to under a variety of names, such as "Slavic" in general or "Serbian", "Croatian" or "Bosnian" in particular. In a classicizing manner, it was also referred to as " Illyrian ". The process of linguistic standardization of Serbo-Croatian was originally initiated in the mid-19th-century Vienna Literary Agreement by Croatian and Serbian writers and philologists, decades before
2304-462: A law of an Entity is compatible with the Constitution of Bosnia and Herzegovina. Although, the Constitution of Bosnia and Herzegovina explicitly focuses only on 'provisions of an Entity's law', this also implies a review of constitutionality of laws of Bosnia and Herzegovina in accordance with the general task of the Court to uphold the Constitution of Bosnia and Herzegovina. In special cases,
2432-599: A law, on whose validity its decision depends, is compatible with this Constitution, with the European Convention on Human Rights and its Protocols, or with the laws of Bosnia and Herzegovina; or concerning the existence of or the scope of a general rule of public international law. In general, the Constitutional Court may uphold a law pertinent to the lower court's decision or proclaim it invalid. The latter shall be required to proceed pursuant to
2560-590: A member of the Presidency, the Chair of the Council of Ministers, the Chair or a Deputy Chair of either chamber of the Parliamentary Assembly, one-fourth of the members of either chamber of the Parliamentary Assembly, or one-fourth of either chamber of a legislature of an Entity. The appellate jurisdiction of the Constitutional Court is established by the constitutional provision according to which
2688-523: A number of writing systems: The oldest texts since the 11th century are in Glagolitic , and the oldest preserved text written completely in the Latin alphabet is Red i zakon sestara reda Svetog Dominika , from 1345. The Arabic alphabet had been used by Bosniaks ; Greek writing is out of use there, and Arabic and Glagolitic persisted so far partly in religious liturgies. The Serbian Cyrillic alphabet
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#17328023368302816-618: A part of the Glagolitic service as late as the middle of the 19th century. The earliest known Croatian Church Slavonic Glagolitic manuscripts are the Glagolita Clozianus and the Vienna Folia from the 11th century. The beginning of written Serbo-Croatian can be traced from the tenth century and on when Serbo-Croatian medieval texts were written in four scripts: Latin , Glagolitic , Early Cyrillic , and Bosnian Cyrillic ( bosančica/bosanica ). Serbo-Croatian competed with
2944-406: A rare example of a country in transition from a socialist system which nevertheless has a history of having a constitutional court, since the former Yugoslavia was the only country which had a system of the constitutional courts already in socialist regime. The first Constitutional Court in former Yugoslavia was created as early as 1963. This date coincided with the starting point of the history of
3072-548: A report to the Assembly proposing a list of rights to be protected, selecting a number from the Universal Declaration of Human Rights that had recently been agreed to in New York, and defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the council's Committee of Ministers, which convened a group of experts to draft the convention itself. The convention
3200-500: A result of interaction between words: Also, there are some exceptions, mostly applied to foreign words and compounds, that favor morphological/etymological over phonetic spelling: One systemic exception is that the consonant clusters ds and dš are not respelled as ts and tš (although d tends to be unvoiced in normal speech in such clusters): Only a few words are intentionally "misspelled", mostly in order to resolve ambiguity: Through history, this language has been written in
3328-424: A separate Montenegrin standard. Like other South Slavic languages, Serbo-Croatian has a simple phonology , with the common five-vowel system and twenty-five consonants. Its grammar evolved from Common Slavic , with complex inflection , preserving seven grammatical cases in nouns, pronouns, and adjectives. Verbs exhibit imperfective or perfective aspect , with a moderately complex tense system. Serbo-Croatian
3456-474: A short tonic e, or leave vs. leaving? for a long tonic i, due to the prosody of final stressed syllables in English. General accent rules in the standard language: There are no other rules for accent placement, thus the accent of every word must be learned individually; furthermore, in inflection, accent shifts are common, both in type and position (the so-called " mobile paradigms "). The second rule
3584-459: A significant influence on the law in Council of Europe member countries and is widely considered the most effective international treaty for human rights protection. The European Convention on Human Rights has played an important role in the development and awareness of human rights in Europe. The development of a regional system of human rights protections operating across Europe can be seen as
3712-475: A single language with two equal variants that have developed around Zagreb (western) and Belgrade (eastern)". The agreement insisted on the equal status of Cyrillic and Latin scripts, and of Ekavian and Ijekavian pronunciations. It also specified that Serbo-Croatian should be the name of the language in official contexts, while in unofficial use the traditional Serbian and Croatian were to be retained. Matica hrvatska and Matica srpska were to work together on
3840-475: A somewhat broad interpretation of the right to privacy . Furthermore, Article 8 sometimes comprises positive obligations : whereas classical human rights are formulated as prohibiting a state from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the state to become active, and to do something (e.g. to enforce access for
3968-487: A state's margin of appreciation . In Vo v France , the court declined to extend the right to life to an unborn child, while stating that "it is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purposes of Article 2 of the Convention". The court has ruled that states have three main duties under Article 2: The first paragraph of
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4096-405: A stem change. The imperfective aspect typically indicates that the action is unfinished, in progress, or repetitive; while the perfective aspect typically denotes that the action was completed, instantaneous, or of limited duration. Some Štokavian tenses (namely, aorist and imperfect) favor a particular aspect (but they are rarer or absent in Čakavian and Kajkavian). Actually, aspects "compensate" for
4224-560: A suspect or fugitive, or suppressing riots or insurrections, will not contravene the Article when the use of force involved is "no more than absolutely necessary". Signatory states to the convention can only derogate from the rights contained in Article 2 for deaths which result from lawful acts of war. The European Court of Human Rights did not rule upon the right to life until 1995, when in McCann and Others v United Kingdom it ruled that
4352-537: A vote of the members of the parliament; "Yugoslavian" was opted for by the majority and legislated as the official language of the Triune Kingdom . The Austrian Empire , suppressing Pan-Slavism at the time, did not confirm this decision and legally rejected the legislation, but in 1867 finally settled on "Croatian or Serbian" instead. During the Austro-Hungarian occupation of Bosnia and Herzegovina ,
4480-413: Is a South Slavic language and the primary language of Serbia , Croatia , Bosnia and Herzegovina , and Montenegro . It is a pluricentric language with four mutually intelligible standard varieties , namely Serbian , Croatian , Bosnian , and Montenegrin . South Slavic languages historically formed a dialect continuum . The turbulent history of the area, particularly due to the expansion of
4608-560: Is a pro-drop language with flexible word order, subject–verb–object being the default. It can be written in either localized variants of Latin ( Gaj's Latin alphabet , Montenegrin Latin ) or Cyrillic ( Serbian Cyrillic , Montenegrin Cyrillic ), and the orthography is highly phonemic in all standards. Despite many linguistical similarities, the traits that separate all standardized varieties are clearly identifiable, although these differences are considered minimal. Serbo-Croatian
4736-411: Is based on the extent to which the Constitutional Court, in addition to the classical task of upholding constitutionality, also has, in certain types of disputes, a more direct relation with the judicial or legislative authority concerned. Disputes arising under conflict of jurisdiction The Constitutional Court has exclusive jurisdiction to decide any dispute that arises under the Constitution between
4864-541: Is effected through the Rules of the Constitutional Court so the Court, if it finds an appeal well-founded, may act in one of two ways: the Court may act as a court of full jurisdiction and it may decide on the merits or it may quash the challenged decision and refer the case back to the court that adopted the judgement for renewed proceedings. The court whose decision has been quashed is required to take another decision in expedient proceedings and, in doing so, it shall be bound by
4992-521: Is likely to increase, due to the country's independence and strong institutional backing of the Montenegrin language. Serbo-Croatian is also a second language of many Slovenians and Macedonians , especially those born during the time of Yugoslavia. According to the 2002 census, Serbo-Croatian and its variants have the largest number of speakers of the minority languages in Slovenia. Outside
5120-406: Is normally voiced or voiceless if the last consonant is normally voiceless. This rule does not apply to approximants – a consonant cluster may contain voiced approximants and voiceless consonants; as well as to foreign words ( Washington would be transcribed as VašinGton ), personal names and when consonants are not inside of one syllable. /r/ can be syllabic, playing the role of
5248-483: Is not different from other armies of multilingual states, or in other specific institutions, such as international air traffic control where English is used worldwide. All variants of Serbo-Croatian were used in state administration and republican and federal institutions. Both Serbian and Croatian variants were represented in respectively different grammar books, dictionaries, school textbooks and in books known as pravopis (which detail spelling rules). Serbo-Croatian
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5376-525: Is not strictly obeyed, especially in borrowed words. Comparative and historical linguistics offers some clues for memorising the accent position: If one compares many standard Serbo-Croatian words to e.g. cognate Russian words, the accent in the Serbo-Croatian word will be one syllable before the one in the Russian word, with the rising tone. Historically, the rising tone appeared when the place of
5504-562: Is spoken by 10 million people around the world, mostly in Serbia (7.8 million), Bosnia and Herzegovina (1.2 million), and Montenegro (300,000). Besides these, Serbian minorities are found in Kosovo , North Macedonia and in Romania . In Serbia, there are about 760,000 second-language speakers of Serbian, including Hungarians in Vojvodina and the 400,000 estimated Roma. In Kosovo , Serbian
5632-698: Is spoken by the members of the Serbian minority which approximates between 70,000 and 100,000. Familiarity of Kosovar Albanians with Serbian varies depending on age and education, and exact numbers are not available. Croatian is spoken by 6.8 million people in the world, including 4.1 million in Croatia and 600,000 in Bosnia and Herzegovina. A small Croatian minority that lives in Italy, known as Molise Croats , have somewhat preserved traces of Croatian. In Croatia, 170,000, mostly Italians and Hungarians , use it as
5760-455: Is still present even in the plural (unlike Russian and, in part, the Čakavian dialect ). They also have two numbers : singular and plural. However, some consider there to be three numbers ( paucal or dual, too), since (still preserved in closely related Slovene ) after two ( dva , dvije / dve ), three ( tri ) and four ( četiri ), and all numbers ending in them (e.g. twenty-two, ninety-three, one hundred four, but not twelve through fourteen)
5888-547: Is the only Slavic language with a pitch accent (simple tone ) system. This feature is present in some other Indo-European languages , such as Norwegian , Ancient Greek , and Punjabi . Neo-Shtokavian Serbo-Croatian, which is used as the basis for standard Bosnian, Croatian, Montenegrin, and Serbian, has four "accents", which involve either a rising or falling tone on either long or short vowels, with optional post-tonic lengths: The tone stressed vowels can be approximated in English with set vs. setting? said in isolation for
6016-401: Is typically referred to by names of its standardized varieties: Serbian, Croatian, Bosnian and Montenegrin; it is rarely referred to by names of its sub-dialects, such as Bunjevac . In the language itself, it is typically known as srpskohrvatski / српскохрватски "Serbo-Croatian", hrvatskosrpski / хрватскoсрпски "Croato-Serbian", or informally naški / нашки "ours". Throughout
6144-613: The Congress of Europe in The Hague . At the end of the Congress, a declaration and following pledge to create the convention was issued. The second and third articles of the pledge state: "We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter." The convention
6272-545: The International Criminal Tribunal for the former Yugoslavia . In the 9th century , Old Church Slavonic was adopted as the language of the liturgy in churches serving various Slavic nations. This language was gradually adapted to non-liturgical purposes and became known as the Croatian version of Old Slavonic. The two variants of the language, liturgical and non-liturgical, continued to be
6400-469: The Ottoman Empire , resulted in a patchwork of dialectal and religious differences. Due to population migrations, Shtokavian became the most widespread supradialect in the western Balkans, intruding westwards into the area previously occupied by Chakavian and Kajkavian . Bosniaks , Croats , and Serbs differ in religion and were historically often part of different cultural circles, although
6528-655: The Presidency of Bosnia and Herzegovina (Article VI.1.a). The Constitution also states (Article VI.1.b) that the judges must be "distinguished jurists of high moral standing", and that any eligible voter so qualified may serve as a judge of the Constitutional Court. The judges selected by the President of the European Court of Human Rights cannot be citizens of Bosnia and Herzegovina or of any neighbouring state. The term of judges that were initially appointed
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#17328023368306656-715: The Serbian Cyrillic alphabet , and Gaj and Daničić standardized the Croatian Latin alphabet , on the basis of vernacular speech phonemes and the principle of phonological spelling. In 1850 Serbian and Croatian writers and linguists signed the Vienna Literary Agreement , declaring their intention to create a unified standard. Thus a complex bi-variant language appeared, which the Serbs officially called "Serbo-Croatian" or "Serbian or Croatian" and
6784-630: The Valun tablet , dated to the 11th century, written in Glagolitic and Latin; and the Inscription of Župa Dubrovačka , a Glagolitic tablet dated to the 11th century. The Baška tablet from the late 11th century was written in Glagolitic. It is a large stone tablet found in the small Church of St. Lucy, Jurandvor on the Croatian island of Krk that contains text written mostly in Chakavian in
6912-613: The " Vinodol Codex " of 1288, both written in the Chakavian dialect. The Shtokavian dialect literature, based almost exclusively on Chakavian original texts of religious provenance ( missals , breviaries , prayer books ) appeared almost a century later. The most important purely Shtokavian vernacular text is the Vatican Croatian Prayer Book ( c. 1400 ). Both the language used in legal texts and that used in Glagolitic literature gradually came under
7040-403: The "confrontation clause" of Article 6 (i.e. the right to examine witnesses or have them examined). In this respect, problems of compliance with Article 6 may arise when national laws allow the use in evidence of the testimonies of absent, anonymous and vulnerable witnesses. Article 7 prohibits the retroactive criminalisation of acts and omissions. No person may be punished for an act that was not
7168-457: The "judicial" and "legislative" authorities. The Constitutional Court here resolves a dispute in which a proposed decision of the Parliamentary Assembly, according to the opinion of a majority of the delegates representing any of the three constituent peoples in the House of Peoples, is considered to be destructive to the vital national interest, whilst at the same time all 'parliamentary means' for
7296-787: The 1791 U.S. Bill of Rights , the 1789 French Declaration of the Rights of Man and of the Citizen , or the first part of the German Basic Law . Statements of principle are, from a juridical point of view, not determinative and require and have given occasion to extensive interpretation by courts to bring out meaning in particular factual situations, As amended by Protocol 11, the convention consists of three parts. The main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up
7424-459: The 1921 constitution. In 1929, the constitution was suspended, and the country was renamed the Kingdom of Yugoslavia , while the official language of Serbo-Croato-Slovene was reinstated in the 1931 constitution. In June 1941, the Nazi puppet Independent State of Croatia began to rid the language of "Eastern" (Serbian) words, and shut down Serbian schools. The totalitarian dictatorship introduced
7552-593: The Balkans, there are over two million native speakers of the language(s), especially in countries which are frequent targets of immigration, such as Australia, Austria, Brazil, Canada, Chile, Germany, Hungary, Italy, Sweden, and the United States. Serbo-Croatian is a highly inflected language . Traditional grammars list seven cases for nouns and adjectives : nominative , genitive , dative , accusative , vocative , locative , and instrumental , reflecting
7680-502: The Constitution and law." In 2017, the " Declaration on the Common Language " ( Deklaracija o zajedničkom jeziku ) was signed by a group of NGOs and linguists from former Yugoslavia . It states that all standardized variants belong to a common polycentric language with equal status. About 18 million people declare their native language as either 'Bosnian', 'Croatian', 'Serbian', 'Montenegrin', or 'Serbo-Croatian'. Serbian
7808-417: The Constitutional Court "shall have appellate jurisdiction over issues under this Constitution arising out of a judgement of any other court in Bosnia and Herzegovina". This implies that the Constitutional Court is the highest judicial body in the land. This confirms its role as being a special institutional safe-guard for the protection of the rights and freedoms enshrined in the Constitution. This provision
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#17328023368307936-491: The Court : Former Judges : The way the judges are selected has created controversies over the years. Since there are no other criteria or formal guidelines besides the criteria that judges should be "distinguished jurists of high moral standing", this has led to a situation that it is easier to become a judge of the national constitutional court then the judge of a lower court, since that position has more requirements and specific process of vetting. Also, political influence has
8064-419: The Court also has jurisdiction to examine whether an Entity's decision to establish a special parallel relationship with a neighboring state is consistent with the Constitution including provisions concerning the sovereignty and territorial integrity of Bosnia and Herzegovina. Referral of disputes In both presented cases, under the Constitution, disputes may be referred only by the following authorized parties:
8192-669: The Court's interpretation of the significance of the phrase "constituent peoples" used in the Preamble of the Constitution of Bosnia and Herzegovina. The decision was also the basis for other notable cases that came before the court. Serbo-Croatian language Serbo-Croatian ( / ˌ s ɜːr b oʊ k r oʊ ˈ eɪ ʃ ən / SUR -boh-kroh- AY -shən ) – also called Serbo-Croat ( / ˌ s ɜːr b oʊ ˈ k r oʊ æ t / SUR -boh- KROH -at ), Serbo-Croat-Bosnian ( SCB ), Bosnian-Croatian-Serbian ( BCS ), and Bosnian-Croatian-Montenegrin-Serbian ( BCMS ) –
8320-468: The Croatian angular Glagolitic script. The Charter of Ban Kulin of 1189, written by Ban Kulin of Bosnia, was an early Shtokavian text, written in Bosnian Cyrillic. The luxurious and ornate representative texts of Serbo-Croatian Church Slavonic belong to the later era, when they coexisted with the Serbo-Croatian vernacular literature. The most notable are the " Missal of Duke Novak" from
8448-440: The Croatian variant because their languages are also Ekavian. This is a common situation in other pluricentric languages, e.g. the variants of German differ according to their prestige, the variants of Portuguese too. Moreover, all languages differ in terms of prestige: "the fact is that languages (in terms of prestige, learnability etc.) are not equal, and the law cannot make them equal". The 1946, 1953, and 1974 constitutions of
8576-622: The Croatian weekly journal Forum published the Declaration again in 2012, accompanied by a critical analysis. West European scientists judge the Yugoslav language policy as an exemplary one: although three-quarters of the population spoke one language, no single language was official on a federal level. Official languages were declared only at the level of constituent republics and provinces, and very generously: Vojvodina had five (among them Slovak and Romanian, spoken by 0.5 per cent of
8704-544: The Croats "Croato-Serbian", or "Croatian or Serbian". Yet, in practice, the variants of the conceived common literary language served as different literary variants, chiefly differing in lexical inventory and stylistic devices. The common phrase describing this situation was that Serbo-Croatian or "Croatian or Serbian" was a single language. In 1861, after a long debate, the Croatian Sabor put up several proposed names to
8832-808: The Dictionary for being unitaristic that were written by Croatian linguists. And finally, Croatian linguists ignored the fact that the material for the Pravopisni rječnik came from the Croatian Philological Society. Regardless of these facts, Croatian intellectuals brought the Declaration on the Status and Name of the Croatian Literary Language in 1967. On occasion of the publication's 45th anniversary,
8960-556: The Entities or between Bosnia and Herzegovina and an Entity or Entities, or between institutions of Bosnia and Herzegovina. In effect, the Court has to decide on positive or negative conflicts of jurisdiction, or any other disputes that may arise under relations between the state and entity authority and/or the institutions of Bosnia and Herzegovina. Review of constitutionality of laws The Constitutional Court has jurisdiction over issues whether any provision of an Entity's constitution or
9088-481: The Latin alphabet — which was true, but was not proof of unequal rights, but of frequency of use and prestige. Babić further complained that the Novi Sad Dictionary (1967) listed side by side words from both the Croatian and Serbian variants wherever they differed, which one can view as proof of careful respect for both variants, and not of unitarism. Moreover, Croatian linguists criticized those parts of
9216-636: The Lika region in northwestern Croatia (1368), "Evangel from Reims" (1395, named after the town of its final destination), Hrvoje's Missal from Bosnia and Split in Dalmatia (1404), and the first printed book in Serbo-Croatian, the Glagolitic Missale Romanum Glagolitice (1483). During the 13th century Serbo-Croatian vernacular texts began to appear, the most important among them being the "Istrian land survey" of 1275 and
9344-485: The President of the European Court of Human Rights, however it has still not changed that. The Constitution does not require the proportionality of the "constituent peoples" in the Court, however a constitutional custom developed by which a Constitutional court should have two judges from every of the constituent peoples ( Bosniaks , Serbs and Croats ), besides the three foreign judges. Current composition of
9472-684: The Republic and other political-territorial units, in particular, conflicts of jurisdiction as between the courts and other bodies of political-territorial units. The 'Law on the Constitutional Court' regulated issues concerning the organization, jurisdiction and procedures before this Constitutional Court. The role and jurisdiction of the Constitutional court was redefined in the Dayton Peace Agreement (Annex IV - Constitution of Bosnia and Herzegovina, Article VI). In general,
9600-710: The Socialist Federal Republic of Yugoslavia did not name specific official languages at the federal level. The 1992 constitution of the Federal Republic of Yugoslavia , in 2003 renamed Serbia and Montenegro , stated in Article 15: "In the Federal Republic of Yugoslavia, the Serbian language in its ekavian and ijekavian dialects and the Cyrillic script shall be official, while the Latin script shall be in official use as provided for by
9728-469: The accent shifted to the preceding syllable (the so-called "Neo-Shtokavian retraction"), but the quality of this new accent was different – its melody still "gravitated" towards the original syllable. Most Shtokavian (Neo-Shtokavian) dialects underwent this shift, but Chakavian, Kajkavian and the Old-Shtokavian dialects did not. Accent diacritics are not used in the ordinary orthography, but only in
9856-425: The article contains an exception for lawful executions , although this exception has largely been superseded by Protocols 6 and 13. Protocol 6 prohibits the imposition of the death penalty in peacetime, while Protocol 13 extends the prohibition to all circumstances. (For more on Protocols 6 and 13, see below ). The second paragraph of Article 2 provides that death resulting from defending oneself or others, arresting
9984-410: The articles in Section I are structured in two paragraphs: the first sets out a basic right or freedom (such as Article 2(1) – the right to life) but the second contains various exclusions, exceptions or limitations on the basic right (such as Article 2(2) – which excepts certain uses of force leading to death). Article 1 simply binds the signatory parties to secure the rights under the other articles of
10112-534: The chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the convention, based on an earlier draft produced by the European Movement . As a prosecutor at the Nuremberg Trials , he had seen first-hand of a binding international court. French former minister and French Resistance fighter Pierre-Henri Teitgen submitted
10240-592: The constituency of peoples is the landmark case of the Constitutional Court of Bosnia and Herzegovina, instituted for an evaluation of the consistency of the Constitution of the Republika Srpska and the Constitution of the Federation of Bosnia and Herzegovina with the Constitution of Bosnia and Herzegovina. The four partial decisions were made in a year 2000, by which many of articles of the constitutions of entities were found to be unconstitutional, which had
10368-414: The convention "within their jurisdiction". In exceptional cases, "jurisdiction" may not be confined to a contracting state's own national territory; the obligation to secure convention rights then also extends to foreign territories, such as occupied land in which the state exercises effective control. In Loizidou v Turkey , the European Court of Human Rights ruled that jurisdiction of member states to
10496-417: The convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take
10624-406: The convention extended to areas under that state's effective control as a result of military action. Article 2 protects the right of every person to their life. The right to life extends only to human beings, not to animals, nor to "legal persons" such as corporations. In Evans v United Kingdom , the court ruled that the question of whether the right to life extends to a human embryo fell within
10752-432: The convention have been put forward, for example by former UK Prime Minister Rishi Sunak , and other UK politicians. Conservative politicians have proposed reform or withdrawal from the convention during the 2024 Conservative Party leadership election . The convention is drafted in broad terms, in a similar (albeit more modern) manner to the 1689 Scottish Claim of Right Act 1689 , to the 1689 English Bill of Rights ,
10880-809: The convention itself. Consequently, the convention was principally conceived, at the time of its creation, as an "anti-totalitarian" measure to help stabilise social democracies in Western Europe, rather than as a specific reaction to the legacy of Nazism and the Holocaust. This approach was a continuation of Atlanticist beliefs from World War II and the early Cold War which called for the defence of democracy against all forms of authoritarianism. From 7 to 10 May 1948, politicians including Winston Churchill , François Mitterrand , and Konrad Adenauer , as well as civil society representatives, academics, business leaders, trade unionists, and religious leaders convened
11008-521: The convention was a response to the growth of Stalinism in Central and Eastern Europe and was designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are " necessary in a democratic society " throughout the convention, despite the fact that such principles are not in any way defined within
11136-421: The court and its rules of operation. Section III contains various concluding provisions. Before the entry into force of Protocol 11, Section II (Article 19) set up the commission and the court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the commission and the court, and Section V contained various concluding provisions. Many of
11264-579: The court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France . Under the "independent tribunal" requirement, the court has ruled that military judges in Turkish state security courts are incompatible with Article 6. In compliance with this Article, Turkey has now adopted a law abolishing these courts. Another significant set of violations concerns
11392-468: The court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back. Selmouni v. France (2000) the court has appeared to be more open to finding states guilty of torture ruling that since the convention is a "living instrument", treatment which it had previously characterized as inhuman or degrading treatment might in future be regarded as torture. In 2014, after new information
11520-543: The court ruled that the five techniques developed by the United Kingdom ( wall-standing , hooding , subjection to noise , deprivation of sleep , and deprivation of food and drink ), as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". In Aksoy v. Turkey (1997)
11648-408: The criminal act was committed. Article 7 incorporates the legal principle nullum crimen, nulla poena sine lege (no crime, no penalty without law) into the convention. Relevant cases are: Article 8 provides a right to respect for one's "private and family life, his home and his correspondence ", subject to restrictions that are "in accordance with law and is necessary in a democratic society in
11776-416: The decision of the Constitutional Court. The jurisdiction of the Constitutional Court in the case of 'blockage' of the work of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina concerning an issue of destructiveness to the vital interest of constituent peoples, represents in many ways a typical area of activity of a constitutional court, as this represents a close 'interface' between
11904-492: The exception contained in the second paragraph does not constitute situations when it is permitted to kill, but situations where it is permitted to use force which might result in the deprivation of life. Article 3 prohibits torture and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right. This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The court has emphasised
12032-516: The following decades, and accepted by Croatian Zagreb grammarians in 1854 and 1859. At that time, Serb and Croat lands were still part of the Ottoman and Austrian Empires . Officially, the language was called variously Serbo-Croat, Croato-Serbian, Serbian and Croatian, Croatian and Serbian, Serbian or Croatian, Croatian or Serbian. Unofficially, Serbs and Croats typically called the language "Serbian" or "Croatian", respectively, without implying
12160-519: The fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of the victim's conduct". The court has also held that states cannot deport or extradite individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state. The first case to examine Article 3 was the Greek case , which set an influential precedent. In Ireland v. United Kingdom (1979–1980)
12288-463: The genitive singular is used, and after all other numbers five ( pet ) and up, the genitive plural is used. (The number one [ jedan ] is treated as an adjective.) Adjectives are placed in front of the noun they modify and must agree in both case and number with it. There are seven tenses for verbs: past , present , future , exact future, aorist , imperfect , and pluperfect ; and three moods : indicative , imperative , and conditional . However,
12416-459: The history of the South Slavs, the vernacular, literary, and written languages (e.g. Chakavian, Kajkavian, Shtokavian) of the various regions and ethnicities developed and diverged independently. Prior to the 19th century, they were collectively called "Illyria", "Slavic", "Slavonian", "Bosnian", "Dalmatian", "Serbian" or "Croatian". Since the nineteenth century, the term Illyrian or Illyric
12544-410: The influence of the vernacular, which considerably affected its phonological , morphological , and lexical systems. From the 14th and the 15th centuries, both secular and religious songs at church festivals were composed in the vernacular. Writers of early Serbo-Croatian religious poetry ( začinjavci ) gradually introduced the vernacular into their works. These začinjavci were the forerunners of
12672-402: The interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others". This article clearly provides a right to be free of unlawful searches, but the court has given the protection for "private and family life" that this article provides
12800-441: The jurisdiction of the Constitutional Court is defined under Article VI.3 and Article IV.3 of the Constitution. Within its overriding duty to 'uphold' the Constitution of Bosnia and Herzegovina, it consists of five types of jurisdiction. The proceedings to be followed and type of decision to be given will depend upon the type concerned and the nature of the case. Essentially, the distinction between these various types of jurisdiction
12928-481: The language of all three nations in this territory was declared "Bosnian" until the death of administrator von Kállay in 1907, at which point the name was changed to "Serbo-Croatian". With unification of the first the Kingdom of the Serbs, Croats, and Slovenes – the approach of Karadžić and the Illyrians became dominant. The official language was called "Serbo-Croato-Slovenian" ( srpsko-hrvatsko-slovenački ) in
13056-478: The latter three tenses are typically used only in Shtokavian writing, and the time sequence of the exact future is more commonly formed through an alternative construction. In addition, like most Slavic languages, the Shtokavian verb also has one of two aspects : perfective or imperfective . Most verbs come in pairs, with the perfective verb being created out of the imperfective by adding a prefix or making
13184-553: The legal opinion of the Constitutional Court concerning the violation of the appellant’s rights and the fundamental freedoms guaranteed under the Constitution. Appellants, who believe that the judgement or other decision of any court is in violation of their rights, have the right to lodge an appeal after all legal remedies have been exhausted while the Court shall also consider the effectiveness of possible legal remedies. The Constitutional Court has jurisdiction over issues referred by any court in Bosnia and Herzegovina concerning whether
13312-425: The limits of the region in which it is spoken and includes everything between the limits ('Bosnian' and 'Montenegrin'). Today, use of the term "Serbo-Croatian" is controversial due to the prejudice that nation and language must match. It is still used for lack of a succinct alternative, though alternative names have emerged, such as Bosnian/Croatian/Serbian (BCS), which is often seen in political contexts such as
13440-401: The linguistic or language-learning literature (e.g. dictionaries, orthography and grammar books). However, there are very few minimal pairs where an error in accent can lead to misunderstanding. Serbo-Croatian orthography is almost entirely phonetic. Thus, most words should be spelled as they are pronounced. In practice, the writing system does not take into account allophones which occur as
13568-515: The more established literary languages of Latin and Old Slavonic. Old Slavonic developed into the Serbo-Croatian variant of Church Slavonic between the 12th and 16th centuries. Among the earliest attestations of Serbo-Croatian are: the Humac tablet , dating from the 10th or 11th century, written in Bosnian Cyrillic and Glagolitic; the Plomin tablet , dating from the same era, written in Glagolitic;
13696-492: The official language of four out of six republics of the Socialist Federal Republic of Yugoslavia . The breakup of Yugoslavia affected language attitudes, so that social conceptions of the language separated along ethnic and political lines. Since the breakup of Yugoslavia, Bosnian has likewise been established as an official standard in Bosnia and Herzegovina, and there is an ongoing movement to codify
13824-402: The original seven cases of Proto-Slavic , and indeed older forms of Serbo-Croatian itself. However, in modern Shtokavian the locative has almost merged into dative (the only difference is based on accent in some cases), and the other cases can be shown declining; namely: Like most Slavic languages, there are mostly three genders for nouns: masculine, feminine, and neuter, a distinction which
13952-424: The person are taken as a "compound" concept – security of the person has not been subject to separate interpretation by the court. Article 5 provides the right to liberty , subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in
14080-464: The population), and Kosovo four (Albanian, Turkish, Romany and Serbo-Croatian). Newspapers, radio and television studios used sixteen languages, fourteen were used as languages of tuition in schools, and nine at universities. Only the Yugoslav People's Army used Serbo-Croatian as the sole language of command, with all other languages represented in the army's other activities—however, this
14208-523: The protection of rights. The convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953. It is overseen and enforced by the European Court of Human Rights in Strasbourg, and the Council of Europe . Until procedural reforms in the late 1990s, the convention was also overseen by a European Commission on Human Rights . Proposals for reform of
14336-408: The relative lack of tenses, because verbal aspect determines whether the act is completed or in progress in the referred time. The Serbo-Croatian vowel system is simple, with only five vowels in Shtokavian. All vowels are monophthongs . The oral vowels are as follows: The vowels can be short or long, but the phonetic quality does not change depending on the length. In a word, vowels can be long in
14464-481: The resolution of this issue in the House of Peoples have been exhausted. The Constitutional Court consists of nine judges , out of which four are selected by the House of Representatives of the Federation of Bosnia and Herzegovina , two are selected by National Assembly of the Republic of Srpska , and the remaining three members are selected by the President of the European Court of Human Rights after consultation with
14592-578: The rich literary production of the 16th-century literature, which, depending on the area, was Chakavian-, Kajkavian-, or Shtokavian-based. The language of religious poems, translations, miracle and morality plays contributed to the popular character of medieval Serbo-Croatian literature. One of the earliest dictionaries, also in the Slavic languages as a whole, was the Bosnian–Turkish Dictionary of 1631 authored by Muhamed Hevaji Uskufi and
14720-496: The right to freedom of expression , subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for: Relevant cases are: Article 11 protects the right to freedom of assembly and association, including the right to form trade unions , subject to certain restrictions that are "in accordance with law" and "necessary in
14848-445: The right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence , and other minimum rights for those charged with a criminal offence (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). The majority of convention violations that
14976-403: The stressed syllable and the syllables following it, never in the ones preceding it. The consonant system is more complicated, and its characteristic features are series of affricate and palatal consonants. As in English, voice is phonemic , but aspiration is not. In consonant clusters all consonants are either voiced or voiceless. All the consonants are voiced if the last consonant
15104-498: The syllable nucleus in certain words (occasionally, it can even have a long accent). For example, the tongue-twister navrh brda vrba mrda involves four words with syllabic /r/ . A similar feature exists in Czech , Slovak , and Macedonian . Very rarely other sonorants can be syllabic, like /l/ (in bicikl ), /ʎ/ (surname Štarklj ), /n/ (unit njutn ), as well as /m/ and /ɲ/ in slang . Apart from Slovene , Serbo-Croatian
15232-416: Was a kind of soft standardisation. However, legal equality could not dampen the prestige Serbo-Croatian had: since it was the language of three quarters of the population, it functioned as an unofficial lingua franca. And within Serbo-Croatian, the Serbian variant, with twice as many speakers as the Croatian, enjoyed greater prestige, reinforced by the fact that Slovene and Macedonian speakers preferred it to
15360-443: Was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strongest traditions in the United Kingdom, France and other member states of the fledgling Council of Europe, as said by Guido Raimondi , President of the European Court of Human Rights : The European system of protection of human rights with its Court would be inconceivable untied from democracy. In fact, we have
15488-404: Was drafted by the Council of Europe after the Second World War and Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first-ever meeting of the council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir David Maxwell-Fyfe ,
15616-509: Was established for the first time on 15 February 1964 pursuant to the Constitution of 1963. Its existence was confirmed in the Constitution of 1974. The jurisdiction of this Constitutional Court consisted primarily of an abstract normative control. Thus, it would take decisions as to the conformity of the (Republic’s) laws with the Constitution, and as to the constitutionality and legality of other regulations and general and self-management acts. It would also be called upon to resolve disputes between
15744-427: Was five years, and were not eligible for reappointment. Judges subsequently appointed could serve until age 70, unless they resigned or were removed for cause by consensus of the other judges. The Constitution also states that for appointments made more than five years after the initial appointment of judges, the Parliamentary Assembly could provide by law for a different method of selection of the three judges selected by
15872-583: Was reversed in favor of a single Serbo-Croatian or Croato-Serbian language. In the Communist -dominated second Yugoslavia , ethnic issues eased to an extent, but the matter of language remained blurred and unresolved. In 1954, major Serbian and Croatian writers, linguists and literary critics, backed by Matica srpska and Matica hrvatska signed the Novi Sad Agreement , which in its first conclusion stated: "Serbs, Croats and Montenegrins share
16000-573: Was revised by Vuk Stefanović Karadžić in the 19th century. European Convention on Human Rights The European Convention on Human Rights ( ECHR ; formally the Convention for the Protection of Human Rights and Fundamental Freedoms ) is an international convention to protect human rights and political freedoms in Europe . Drafted in 1950 by the then newly formed Council of Europe ,
16128-533: Was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the Irish Government asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the court declined. Article 4 prohibits slavery , servitude and forced labour but exempts labour: Article 5 provides that everyone has the right to liberty and security of person. Liberty and security of
16256-538: Was used quite often (thus creating confusion with the Illyrian language ). Although the word Illyrian was used on a few occasions before , its widespread usage began after Ljudevit Gaj and several other prominent linguists met at Ljudevit Vukotinović 's house to discuss the issue in 1832. The term Serbo-Croatian was first used by Jacob Grimm in 1824, popularized by the Viennese philologist Jernej Kopitar in
16384-456: Was written in the Arebica script. In the mid-19th century, Serbian (led by self-taught writer and folklorist Vuk Stefanović Karadžić ) and most Croatian writers and linguists (represented by the Illyrian movement and led by Ljudevit Gaj and Đuro Daničić ), proposed the use of the most widespread dialect, Shtokavian , as the base for their common standard language. Karadžić standardised
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