I incorrectly predicted that there's no violation of human rights in PINKAS AND OTHERS v. BOSNIA AND HERZEGOVINA.

Information

  • Judgment date: 2008-01-24
  • Communication date: 2021-05-06
  • Application number(s): 8701/21
  • Country:   BIH
  • Relevant ECHR article(s): 6, 6-1, 14, P1-1, P12-1
  • Conclusion:
    Violation of Art. 8
    Violation o Art. 13+8
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.733568
  • Prediction: No violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

Published on 25 May 2021 In 2013 the Constitutional Court declared the State-Level Judicial and Prosecutorial Institutions Salaries Act 2005 unconstitutional in so far as it did not provide for certain work-related benefits.
The applicants were at the relevant time, and some of them still are, judicial clerks at the Court of Bosnia and Herzegovina.
Following their civil action, the applicants got the impugned benefits for the period after the Constitutional Court’s decision of 2013.
On 20 May 2020 the Constitutional Court upheld the decision of the civil courts in their case, finding that its decision of 2013 mentioned above had not had retroactive effect.
The applicants complain under various articles about the outcome of their case, because the same civil courts have granted the impugned benefits to the judges of the Court of Bosnia and Herzegovina also for the period before the Constitutional Court’s decision of 2013.

Judgment