Proposal of the Law on Amendments to the Law on Administrative Disputes Adopted



17.09.2008. - Proposal of the Law on Amendments to the Law on Administrative Disputes has been adopted, in the second reading, at today’s session of the House of Peoples of the Parliamentary Assembly of BiH. This Law has created the legal preconditions for full and appropriate application of the Law on the Movement and Residence of Foreigners and Asylum, in relation to determining of deadlines, i.e. introducing of urgent procedure for cases regarding international protection.

Urgent procedure is also introduced for the cases regarding the termination of international protection.

Namely, Proposal of the Law on the Movement and Residence of Foreigners and Asylum defines the possibility of filing a complaint against decision on putting the foreigners under surveillance, within 24 hours from the receipt, or from delivery of decision form second instance body in the administrative procedure, or from expiration of that period of time if the second instance decision is not passed. In disputes, mentioned in this paragraph, the Court of B&H decides in urgent procedure, questions the foreigner and passes the court decision as soon as possible, three days after the date of filing a complaint at the latest. 

Law on the Movement and Residence of Foreigners and Asylum does not foresee the possibility of court review of administrative body decision on putting the foreigners under surveillance, because of which making of such decision can lead to a serious violation of human rights. Amendments to the Law on Administrative Disputes of Bosnia and Herzegovina create the legal possibilities for court reviewing of such administrative bodies’ decisions.