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  1. Constitution of Bosnia and Herzegovina - Wikipedia

    en.wikipedia.org › wiki › Constitution_of_Bosnia_and

    The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed on 14 December 1995. The Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. Under the supervision of international community, an "arrangement of amendments" to the Constitution, agreed upo

  2. Constitution of Bosnia and Herzegovina — Wikipedia ...

    wiki2.org › en › Constitution_of_Bosnia_and_Herzegovina
    • Nature of The Constitution
    • The Preamble
    • Articles
    • Protection of Human Rights and Fundamental Freedoms
    • The Constitutional Court of Bosnia and Herzegovina
    • Amending The Constitution
    • Violation of European Convention of Human Rights

    The Con­sti­tu­tion of Bosnia and Herze­gov­ina is the con­sti­tu­tion in in­ter­na­tional con­trac­tual form, since it is an in­te­gral part of a larger peace agree­ment signed by Alija Izetbe­gović, Franjo Tuđman and Slo­bo­dan Milošević, three pres­i­dents of coun­tries in­volved in war in Bosnia and Herze­gov­ina, as well as the rep­re­sen­ta­tives of Eu­ro­pean Union (Fe­lipe González), United States (Bill Clin­ton), Ger­many (Hel­mut Kohl), United King­dom (John Major), France (Jacques Chirac) and Rus­sia (Vik­tor Cher­nomyrdin). This na­ture of the Con­sti­tu­tion was also of vital im­por­tance for the Con­sti­tu­tional Court of Bosnia and Herze­gov­ina, in its land­mark de­ci­sion on con­stituency of peo­ples (U-5/98), since it de­clared that the Con­sti­tu­tion could be in­ter­preted as a treaty de­fined in Vi­enna Con­ven­tion on the Law of Treatiesfrom 1969, which was of great im­por­tance in the in­ter­pre­ta­tion of the Pre­am­ble of the Con­sti­tu­tion.

    The Pre­am­ble states, among other things, the com­mit­ment of Bosnia and Herze­gov­ina to free­dom, equal­ity, tol­er­ance and de­mo­c­ra­tic in­sti­tu­tions of gov­ern­ment. It also states that the car­ri­ers of sov­er­eignty are "con­stituent peo­ples" (Bosni­aks, Croats and Serbs), along with "Oth­ers" and "cit­i­zens of Bosnia and Herze­gov­ina", which has also seen a great amount of de­bate be­tween legal schol­ars over an ap­par­ent con­tra­dic­tion.

    Article I - on Bosnia and Herzegovina: Continuation, Democratic Principles, Composition, Movement of Goods, Capital, Symbolsand Citizenship
    Article II- on Human Rights and Fundamental Freedoms: Human Rights, International Standards, Enumeration of Rights, Non-Discrimination, Refugees and Displaced Persons, Implementation, International...
    Article III- on Responsibilities of and Relations Between the Institutions of Bosnia and Herzegovina and the Entities: Responsibilities of the Institutions of Bosnia and Herzegovina, Responsibiliti...
    Article IV - on Parliamentary Assembly: House of Peoples, House of Representatives, Procedures and Powers

    Be­sides the pro­vi­sions stated in the Pre­am­ble, the Con­sti­tu­tion (Ar­ti­cle II) pro­tects the human rights and fun­da­men­tal free­doms by defin­ing them through "Enu­mer­a­tion of Rights" (Ar­ti­cle II, 3.), stat­ing that the en­joy­ment of the rights and free­doms is se­cured to all per­sons in Bosnia and Herze­gov­ina with­out dis­crim­i­na­tion on any grounds ("Non-Dis­crim­i­na­tion", Ar­ti­cle II, 4.) and by giv­ing the su­premacy of The Con­ven­tion for the Pro­tec­tion of Human Rights and Fun­da­men­tal Free­domsover all other law in Bosnia and Herze­gov­ina. Also, the Con­sti­tu­tion states that Bosnia and Herze­gov­ina "shall re­main or be­come party to the in­ter­na­tional agree­ments listed in Annex I to this Con­sti­tu­tion" (Ar­ti­cle II, 7.), and in all there are fif­teen of these in­ter­na­tional agree­ments. The Con­sti­tu­tion also states that no amend­ment to the Con­sti­tu­tion can elim­i­nate or di­min­ish any of the rights and free­doms re­ferred to in A...

    The Con­sti­tu­tional Court of Bosnia and Herze­gov­ina is a spe­cial court sui generis, whose main role is to be the in­ter­preter and guardian of the Con­sti­tu­tion of Bosnia and Herze­gov­ina, as stated in Ar­ti­cle VI, para­graph 3 of the Con­sti­tu­tion ("The Con­sti­tu­tional Court shall up­hold this Con­sti­tu­tion"), and it is con­sid­ered to be the high­est ju­di­cial au­thor­ity, since it has the ap­pel­late ju­ris­dic­tion over is­sues under the Con­sti­tu­tion aris­ing out of a judge­ment of any other court in Bosnia and Herze­gov­ina (Ar­ti­cle VI, para­graph 3.b).

    In the Ar­ti­cle X, defin­ing the amend­ment pro­ce­dure, the Con­sti­tu­tion states that it can be amended by a de­ci­sion of the Par­lia­men­tary As­sem­bly, in­clud­ing a two-thirds ma­jor­ity of those pre­sent and vot­ing in the House of Rep­re­sen­ta­tives. The Con­sti­tu­tion does not say who has the right, and under what rules, to pre­sent the amend­ments to the Par­lia­men­tary As­sem­bly. Also, in the para­graph 2 of the Ar­ti­cle X, the Con­sti­tu­tion states that the rights and free­doms, as seen in the Ar­ti­cle II, can­not be dero­gated, as well as the para­graph 2 it­self.

    In 2009, the Eu­ro­pean Court of Human Rights ruled in Sejdić and Finci v. Bosnia and Herze­gov­ina, a case filed by Dervo Se­jdic and Jakob Finci, two Bosn­ian cit­i­zens of Ro­mani and Jew­ish eth­nic­ity, and are there­fore in­el­i­gi­ble for run­ning for pres­i­dent. The court de­ter­mined that this re­stric­tion (an es­ti­mated 400,000 Bosn­ian cit­i­zens, 12 per cent of the pop­u­la­tion, can­not run for pres­i­dent due to their re­li­gion, eth­nic­ity, or place of res­i­dence) vi­o­lates the Eu­ro­pean Con­ven­tion of Human Rights.Four sub­se­quent cases also found that the con­sti­tu­tion is dis­crim­i­na­tory. How­ever, as of 2020 it has yet to be amended.

  3. Federation of Bosnia and Herzegovina - Wikipedia

    en.wikipedia.org › wiki › Federation_of_Bosnia_and

    The Federation of Bosnia and Herzegovina is one of the two entities that compose the State of Bosnia and Herzegovina, the other being Republika Srpska. The Federation of Bosnia and Herzegovina consists of 10 autonomous cantons with their own governments and legislatures. The Federation was created by the 1994 Washington Agreement, which ended the Croat–Bosniak war within the Bosnian war, and established a constituent assembly that continued its work until October 1996. The Federation has a ...

  4. Constitutional Court of Bosnia and Herzegovina - Wikipedia

    en.wikipedia.org › wiki › Constitutional_Court_of
    • Overview
    • History
    • Jurisdiction
    • Composition of the Court
    • Notable decisions

    The Constitutional Court of Bosnia and Herzegovina is the interpreter and guardian of the Constitution of Bosnia and Herzegovina, It has the appellate jurisdiction over issues arising out of a judgment of any other court in the country, including the constitutional courts of the two entities and the Court of Bosnia and Herzegovina.

    Bosnia and Herzegovina provides a rare example of a country in transition from a socialist system which nevertheless has a history of having a constitutional court, since the former Yugoslavia was the only country which had a system of the constitutional courts already in socialist regime. The first Constitutional Court in former Yugoslavia was created as early as 1963. This date coincided with the starting point of the history of a constitutional court in Bosnia and Herzegovina. In accordance w

    In general, the jurisdiction of the Constitutional Court is defined under Article VI.3 and Article IV.3 of the Constitution. Within its overriding duty to 'uphold' the Constitution of Bosnia and Herzegovina, it consists of five types of jurisdiction. The proceedings to be followed and type of decision to be given will depend upon the type concerned and the nature of the case. Essentially, the distinction between these various types of jurisdiction is based on the extent to which the Constitution

    The Constitutional Court consists of nine judges, out of which four are selected by the House of Representatives of the Federation of Bosnia and Herzegovina, two are selected by National Assembly of the Republic of Srpska, and the remaining three members are selected by the President of the European Court of Human Rights after consultation with the Presidency of Bosnia and Herzegovina. The Constitution also states that the judges must be "distinguished jurists of high moral standing", and that a

    Decision on the constituency of peoples is the landmark case of the Constitutional Court of Bosnia and Herzegovina, instituted for an evaluation of the consistency of the Constitution of the Republika Srpska and the Constitution of the Federation of Bosnia and Herzegovina with the Constitution of Bosnia and Herzegovina. The four partial decisions were made in a year 2000, by which many of articles of the constitutions of entities were found to be unconstitutional, which had a great impact on pol

  5. List of decisions of the Constitutional Court of Bosnia and ...

    en.wikipedia.org › wiki › List_of_decisions_of_the
    • Decision on The Constitutionality of The Peace Agreement
    • Decision on The Constituency of Peoples
    • Decision on The Council of Ministers
    • Decisions Concerning The High Representative in Bosnia and Herzegovina
    • Decision on Jurisdiction to Review The Laws of Bosnia and Herzegovina
    • Decision on The Insignia of Entities
    • Decision on The Names of The Cities
    • Decisions on Relation of The Law of B&H and European Convention on Human Rights
    • Decision Regarding The General Principles of International Law
    • Decision on Proportional Representation in Legislature of B&H

    On 13 October 1997, the Croatian 1861 Law Party and the Bosnia-Herzegovina 1861 Law Party requested the Constitutional Court to annul several decisions and to confirm one decision of the Supreme Court of the Republic of Bosnia and Herzegovina and, more importantly, to review the constitutionality of the General Framework Agreement for Peace in Bosnia and Herzegovina, since they alleged that the agreement violated the Constitution of Bosnia and Herzegovina in a way that it undermined the integrity of the state and that it may cause the dissolution of Bosnia and Herzegovina. The Court reached the conclusion that it is not competent to decide the disputes in regard to the mentioned decisions, since the applicants were not subjects that were identified in Article VI.3 (a) of the Constitution, in regard to those who can refer disputes to the Court. The Court also rejected the other request stating: This was one of the early cases in which the Court had to deal with the question of the le...

    On 12 February 1998, Alija Izetbegović, at the time Chair of the Presidency of Bosnia and Herzegovina, instituted proceedings before the Constitutional Court for an evaluation of the consistency of the Constitution of the Republika Srpska and the Constitution of the Federation of Bosnia and Herzegovina with the Constitution of Bosnia and Herzegovina. The request was supplemented on 30 March 1998 when the applicant specified which provisions of the Entities’ Constitutions he considered to be unconstitutional. The four partial decisions were made in a year 2000, by which many of articles of the constitutions of entities were found to be unconstitutional, which had a great impact on politics of Bosnia and Herzegovina, because there was a need to adjust the current state in the country with the decision of the Court. There was a narrow majority (5-4), in the favor of the applicant. In its third partial decision, among other things, the Court stated: The Court dealt with the following qu...

    On 11 February 1999, Mirko Banjac, at the time Deputy Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, instituted a request for, among other issues, the evaluation of the constitutionality of the Law on the Council of Ministers of Bosnia and Herzegovina and the Ministries of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, No. 4/97) which foresaw the existence of two Co-Chairs and a Vice-Chair of the Council of Ministers. In its decision the Court had, among other things, stated the following: The Court gave the Parliamentary Assembly of Bosnia and Herzegovina a three-month period from the date of publication of its decision on this matter in the "Official Gazette of Bosnia and Herzegovina" to bring the contested provisions of the Law in conformity with the Constitution of Bosnia and Herzegovina. After the Parliamentary Assembly failed to do that the Court, acting upon the request of the applicant and pursuant to its d...

    Decision on the competency to review the laws enacted by the High Representative

    On 7 February 2000, eleven members of the House of Representatives of theParliamentary Assembly of B&H initiated proceedings before the Constitutional Court for the evaluation of the constitutionality of the Law on State BorderService that was enacted by the High Representative for B&Hon 13 January 2000, and later published in the Official Gazette of B&H. Among other issues, the applicants contended that the High Representative did not have the normative powers to impose a law in the absence...

    Decision on the authority of the High Representative to change the laws

    On 12 October 2000, thirty-four representatives of the National Assembly of Republika Srpska submitted a request to the Constitutional Court of B&H for the evaluation of the conformity of the Decision on Amending the Law on Travel Documents of B&H, adopted by the High Representative on 29 September 2000, with the Constitution of B&H. Besides the general claims that the High Representative can only interpret laws, and thus cannot create them, the applicants, among other issues, asserted that t...

    Decision on the competency to review decisions of the High Representative to remove public officials

    On 27 March 2001, 37 representatives of the House of Representatives of the Parliament of the Federation of B&H, as well as Edhem Bičakčić, filed an appeal against the Decision of the High Representative for B&H to remove Edhem Bičakćić from the office of director general of "Elektroprivreda BiH" (public company for distribution of electric energy) and to prohibit him from holding any public or appointed office unless or until such time as the High Representative may expressly authorize him t...

    On 8 February 2002, thirty-three representatives of the People's Assembly of theRepublika Srpska submitted a request to the Constitutional Court of Bosnia and Herzegovina for a review of constitutionality of Article 18.8, paragraph 3 of the Election Law of Bosnia and Herzegovina, which they considered to be discriminatory. In admissibility stage the Court had to consider the provisions of the Article VI.3 of the Constitution of Bosnia and Herzegovina which does not expressly grant the jurisdiction to the Court to review the constitutionality of the laws adopted at the state level. The Court unanimously held the following: Although the Court had in the case no. U 1/99 implicitly held that it had jurisdiction to review the laws adopted at the state level, this was the first time it had expressly done so. In the merits stage the Court ruled against the applicants.

    On 12 April 2004, Sulejman Tihić, then Chairman of the Presidency of Bosnia and Herzegovina, filed a request with the Constitutional Court of Bosnia and Herzegovina for the review of constitutionality of Articles 1 and 2 of the Law on the Coat of Arms and Flag of the Federation of Bosnia and Herzegovina (Official Gazette of Federation of BiH No. 21/96 and 26/96), Articles 1, 2 and 3 of the Constitutional Law on the Flag, Coat of Arms and Anthem of the Republika Srpska (Official Gazette of the Republika Srpska No. 19/92), Articles 2 and 3 of the Law on the Use of Flag, Coat of Arms and Anthem (Official Gazette of the Republika Srpska No. 4/93) and Articles 1 and 2 of the Law on the Family Patron-Saint's Days and Church Holidays of the Republika Srpska (Official Gazette of Republika Srpska No. 19/92). On 2 December 2004 the applicant submitted a supplement to the request. Two partial decisions were made in a year 2006, when the Court found that the coat of arms and flag of the Federat...

    Decision on removal of prefix "Srpski" ("Serbian") from names of the municipalities

    On 30 July 2001, Sejfudin Tokić, Deputy Chair of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina at the time of its filing request, filed with the Constitutional Court of Bosnia and Herzegovina a request for a review of constitutionality of Articles 11 and 11(a) of the Law on Territorial Organization and Local Self-Government (Official Gazette of the Republika Srpska Nos. 11/94, 6/95, 26/95, 15/96, 17/96, 19/96, and 6/97) and the title itself of the Law on the Tow...

    Decision on removal of prefix "Bosanski" ("Bosnian") from names of the municipalities

    On 7 September 2009, the Bosniak Caucus in the Council of Peoples of the Republika Srpska, represented by its President Edin Ramić, lodged an appeal with the Constitutional Court of Bosnia and Herzegovina against the decision of the Council for the Protection of Vital Interest of the Constitutional Court of the Republika Srpska (the "Council") No. UV-2/09 of 8 July 2009. At the same time the appellant sought a review of the constitutionality of the Rules of Procedure on the Operations of the...

    Decision on the conformity of certain provisions of the Constitution of B&H with the ECHR and its Protocols

    On 27 April 2004, Sulejman Tihić, at the time Chair of the Presidency of Bosnia and Herzegovina, instituted proceedings before the Constitutional Court for a review of conformity of the provisions of Articles IV.1, IV.1(a), IV.3(b) and V.1) of the Constitution of Bosnia and Herzegovina with the provision of Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (henceforth: European Convention) and Article 3 of Protocol No. 1 to the European Conventi...

    Decision on conformity of Election Law of B&H with ECHR

    On 6 September 2005, Sulejman Tihić, Member of the Presidency of Bosnia and Herzegovina, filed a request with the Constitutional Court of Bosnia and Herzegovina for a review of conformity of Article 8.1 paragraphs 1 and 2 of the Election Law of Bosnia and Herzegovina with Article 3 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of Protocol No. 12 to the European Convention, and Articles 2(1)(c) and 5(1)(c) of the Internat...

    Decision on the appeal of Ilijaz Pilav

    On 20 September 2006, Party for Bosnia and Herzegovinaand Ilijaz Pilav filed an appeal with the Constitutional Court of Bosnia and Herzegovina against the Ruling of Court of BiH of 10 August 2006, and Decisions of Central Election Commission of 1 August 2006 and of 24 July 2006, which rejected the application for certification of the candidate Pilav on the Party's candidate list for the Presidency of Bosnia and Herzegovina, as Serb member, stating that he cannot be elected from the territory...

    On 30 June 2009, Ilija Filipović, Chairman of the House of Peoples of Bosnia and Herzegovina filed a request for review of the constitutionality of the Law on Protection of Domestic Production under the CEFTA. He also requested the Constitutional Court to issue an interim measure whereby it would suspend the application of the challenged Law pending a decision on the request, which the Court granted. One of the initial problems for the Court was the fact that the Constitution of Bosnia and Herzegovina does not contain any explicit provision defining the rank of international treaties in domestic law or attributing competence in this field to the Constitutional Court. In addition, the Court had to interpret the Article III(3)(b) which provides that the "general principles of international lawshall be an integral part of the law of Bosnia and Herzegovina and the Entities". The majority (6-3) of the Court decided in the favor of the applicant. In its decision, among other things, the C...

    On 16 November 2009, Sulejman Tihić, then Chairman of the House of Peoples of Bosnia and Herzegovina, filed a request with the Constitutional Court of Bosnia and Herzegovina for the review of constitutionality of several Articles of the Election Law of Bosnia and Herzegovina and the Rules of Procedure of the House of Representatives of Bosnia and Herzegovina. The applicant claimed that although the principle of proportional representation of the three constituent peoples and other citizens has been respected in the executive of the Federation of BiH and Republika Srpska, as well as in the organs of the public authority and courts in the entities, it is not respected with regards the structure of the legislature in Bosnia and Herzegovina (at the state and entity levels) according to the census from 1991, and that the particular voting procedure in the House of Representatives, popularly called "the entity voting", has thus been transformed into "ethnic voting" where the ethnic majori...

  6. Constitution of Bosnia and Herzegovina - Wikisource, the free ...

    en.wikisource.org › wiki › Constitution_of_Bosnia

    All persons who were citizens of the Republic of Bosnia and Herzegovina immediately prior to the entry into force of this Constitution are citizens of Bosnia and Herzegovina. The citizenship of persons who were naturalized after April 6, 1992 and before the entry into force of this Constitution will be regulated by the Parliamentary Assembly.

  7. Politics of Bosnia and Herzegovina - Wikipedia

    en.wikipedia.org › wiki › Judiciary_of_Bosnia_and

    Bosnia and Herzegovina is divided into two Entities – the Federation of Bosnia and Herzegovina and the Republika Srpska, which are politically autonomous to an extent, as well as the district of Brčko, which is jointly administered by both. The Entities have their own constitutions.

  8. Constitution of Bosnia and Herzegovina - WikiMili, The Best ...

    wikimili.com › en › Constitution_of_Bosnia_and

    Oct 30, 2020 · The Constitution of Bosnia and Herzegovina (Bosnian, Croatian and Serbian: Ustav Bosne i Hercegovine / Устав Босне и Херцеговине) is the highest legal document of Bosnia and Herzegovina.

  9. Constitutions | Office of the High Representative

    www.ohr.int › laws-of-bih › constitutions-2

    Jul 21, 1994 · Constitution of Bosnia and Herzegovina: not published: not published: Amendment I to the Constitution of Bosnia and Herzegovina: BH, 25/09: 31/03/2009 . Constitution of the Federation of Bosnia and Herzegovina. Title “Official Gazette Number” Date of Publishing: Constitution of the Federation of Bosnia and Herzegovina: FBH, 1/94: 21/07/1994 ...

    Title
    “Official Gazette Number”
    Date of Publishing
    not published
    not published
    BH, 25/09
    31/03/2009
    Title
    “Official Gazette Number”
    Date of Publishing
    FBH, 1/94
    21/07/1994
  10. CONSTITUTION OF THE FEDERATION OF Bosnia And Herzegovina

    advokat-prnjavorac.com › legislation › constitution

    The Constitution of the Federation of Bosnia and Herzegovina was adopted by the Constitutional Assembly of the Federation of BiH, at the session held on June 24, 1994. It was published in Official Gazette of the

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