THE HIGH REPRESENTATIVE AND THE CONSTITUTIONAL CRISIS IN BOSNIA AND HERZEGOVINA
THE HIGH REPRESENTATIVE AND THE CONSTITUTIONAL CRISIS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: This scientific paper analyzes the constitutional crisis in Bosnia and Herzegovina, with a particular focus on the role of the High Representative in the criminalization of constitutional duties. The paper explores how the interventions of the High Representative, which often include the imposition or annulment of laws and decisions, impact the constitutional order and sovereignty of Bosnia and Herzegovina. Special attention is given to analyzing cases where the decisions of the High Representative have led to violations of constitutional rights and freedoms and how such interventions contribute to deepening political and ethnic tensions within the country. The paper also examines the international legal framework regulating the powers of the High Representative and his influence on the domestic legal system. Through the analysis of specific examples, the paper highlights the need for a revision of the role of the High Representative and seeks solutions that would enable greater domestic responsibility and respect for the constitutional order of Bosnia and Herzegovina.Additionally, the paper addresses how the criminalization of constitutional duties by the High Representative affects the legitimacy and efficiency of political institutions in Bosnia and Herzegovina. It analyzes how such interventions can undermine citizens’ trust in the legal system and democratic processes. Possible mechanisms for strengthening transparency and accountability in the work of the High Representative are also considered, ensuring that his decisions contribute to stability and reconciliation, rather than further deepening the crisis. Alternatives to the current model of international oversight are proposed, which would allow for greater autonomy and democratic development of Bosnia and Herzegovina. In conclusion, the paper emphasizes the importance of establishing a clearer legal framework that would first limit the powers of the High Representative and ensure respect for the constitutional order and sovereignty of the country, and then abolish this undemocratic legacy.

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