Review article

IMPACT OF THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS ON THE CONSTITUTION OF BOSNIA AND HERZEGOVINA

Borjana Krišto ; House of Representatives, Parliamentary Assembly of Bosnia and Herzegovina
Bariša Čolak ; House of Peoples, Parliamentary Assembly of Bosnia and Herzegovina

Abstract

This paper analyzes three decisions of the European Court of Human Rights;
Sejdić and Finci vs. Bosnia and Herzegovina, Zornić vs. Bosnia and Herzegovina and Pilav
vs. Bosnia and Herzegovina and their impact on the Constitution of Bosnia and Herzegovina,
and possibility of their implementation in the Constitution of Bosnia and Herzegovina.
The fundamental problem that needs to be resolved is to reconcile the fundamental
principles of the Constitution of Bosnia and Herzegovina, the principle of constituency
and equality of peoples as a general principle of democracy with the proclaimed principle
of the European Court of Human Rights’s decision on equal right to elect for every citizen
as the general principle of democracy. It is in fact the art of achieving a balance between
the protection of individual civil rights and the protection of the rights of constituent peoples,
ie the equality of each of the three constituent peoples in B&H (Bosniaks, Croats and
Serbs). The principle of constituency or equality of peoples can only be achieved through
legitimate political representation.

Keywords

judgment; court; convention; Presidency; House of Peoples; Constitution; Bosnia and Herzegovina.

Hrčak ID:

234790

URI

https://hrcak.srce.hr/234790

Publication date:

4.6.2018.

Article data in other languages: croatian

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