Borislava POST OFFICE v. Serbia
The European Court of Human Rights (hereinafter: the Court) is4. made on April 25, 2024 and announced the decision in the caseBorislava Poštic against Serbia, number 44173/16.
The decision was made by a three-member Board.
The case refers to the applicant's complaint that she failed to realize the right to family disability benefits after the death of her husband, which occurred during the hostilities in the Republic of Croatia, even though domestic authorities in other almost identical cases accepted the requests of disabled war veterans and family members of the deceased.
The applicant highlighted the violation of rights from Article 6, paragraph 1 of the Convention for the Protection of Human Rightsrights and fundamental freedoms (hereinafter referred to as the Convention) due to the uneven practice of domestic authorities in the exercise of the rights prescribed by the previously valid Law on the Basic Rights of Soldiers, Military Invalids and Families of Fallen Soldiers ("Official Gazette of the FRY", No. 24/98, 29 /98, 25/00 - decision of the "Official Gazette of RS", No. 101/05 - Dr. Law and 50/18).
The government stated that on November 24, 2022, the Constitutional Court issued a conclusion by which it invalidated its decision Už-5143/2014 of December 14, 2015 on the rejection of the applicant's constitutional appeal, because it determined that it had accepted constitutional appeals in cases in in which the applicants were in an identical factual and legal situation as the applicant. Also, the Government pointed out that the Constitutional Court made a decision on the same day, November 24, 2022Už-5143/2014 by which he adopted the applicant's constitutional complaint, determined that her right to a fair trial from Article 32, paragraph 1 of the Constitution of the Republic of Serbia was violated, and annulled the judgment of the Administrative Court U. 17228/13 of May 20, 2014.
The Court accepted the Government's defense that the Constitutional Court resolved the disputed legal matter in favor of the applicant, and assessed that the respect for human rights defined in the Convention and the protocols to the Convention does not require the continuation of the examination of the petition under Article 37, paragraph 1, point b) of the Convention, and the petition is removed from his list of subjects.