Consideration of the Law on Amendments to the Law on Administrative Disputes of B&H



May, 28.- Law on Amendments to the Law on Administrative Disputes will be considered at the session of the Council of Ministers of Bosnia and Herzegovina, on Thursday, May 28, 2008. Amendments to the Law on Administrative Disputes create the preconditions for full and appropriate application of Proposal of the Law on the Movement and Residence of Foreigners and Asylum, especially the part relating to determining of deadlines for filing a complaint against decision or conclusion in cases regarding the request for international protection and cases regarding the termination of international protection. 

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 pursuant to 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 control, because of which making of that decision can lead to a serious violation of human rights. Amendments to the Law on Administrative Disputes of Bosnia and Herzegovina create the legal possibility for court reviewing of such administrative bodies’ decisions.