IZVRŠENJE PRESUDE U SLUČAJU SEJDIĆ I FINCI U IZBORNOM ZAKONODAVSTVU BOSNE I HERCEGOVINE
IMPLEMENTATION OF THE JUDGMENT IN CASE OF SEJDIC AND FINCI IN ELECTORAL LEGISLATION OF THE BOSNIA AND HERZEGOVINA

Summary/Abstract: In this paper explores the meaning and significance of two conflicting concepts in the context of the European Court of human rights judgment in case of Sejdic and Finci in domestic electoral laws: parity representation to the three constituent peoples and constitutional discrimination against „Others“. In order to present materials systematically, the paper is divided into two parts. In the first part the author review the electoral legislation in the light of Council of Europe standards and presents some important international sanctions, in case that, Bosnia and Herzegovina have not enforcement of ruling. On this basis, possibilities for suspension of the Stabilization and Association Agreement (SAA) with the European Union are analyzed. In the second part the author discusses on possible constitutional amendments as a legal model for the realization of the principle of equality in society. Therefore, result of this analysis is delimits legal and illegal discrimination on the basis ethnic origin. In conclusion, the author points out the relevance of conflicting arguments between the original view of exclusive ethnic representation and representation based on the civic principle necessary for the organization of modern state.

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