UTJECAJ VISOKOGA PREDSTAVNIKA NA DOM NARODA PARLAMENTA FEDERACIJE BOSNE I HERCEGOVINE
THE INFLUENCE OF THE HIGH REPRESENTATIVE ONTO THE HOUSE OF PEOPLES OF THE PARLIAMENT OF THE FEDERATION OF BOSNIA AND HERZEGOVINA
Author(s): Ivan TomićSubject(s): Constitutional Law, Sociology of Law, Administrative Law
Published by: Sveučilište u Mostaru i Institut društvenih znanosti Ivo Pilar, Zagreb
Keywords: bicameral system; upper house; High Representative; House of Peoples of the Parliament of the Federation of B&H; Decision of the Constitutional Court U 23/14;
Summary/Abstract: In the Federation of B&H there is a bicameral system with the House of Peoples as an upper house whose core functions are representing and protecting the constituent nations. The interventions of the High Representative as a specific international factor in B&H largely changed the original constitutional solutions that were supposed to ensure the realisation of the mentioned function of the House of Peoples. In the paper the author analyses the influence of the Hight Representative actions onto the House of Peoples of the Parliament of the Federation of B&H, especially the changes that relate to the number of the delegates in the House of Peoples, the mechanism of the vital national interest and the participation of the caucuses of the constituent nations in the process of electing the president and vice-president of the Federation of Bosnia and Herzegovina. The analysis has shown that the interventions have significantly weakened the position of the constituent nations through the change of the House of Peoples. They have also lead to the weakening of the mechanism of the vital interest and changes in the process of election of the president and vice-president of the Federation. The imposed changes from the year 2023 are an exception since they strenghten the position of the constituent nations and the House of Peoples. The paper proves that through the imposed changes of the High Representative the Decision of the Constitutional Court of Bosnia and Herzegovina U 23/14 has not been implemented, because the principle of proportionality and the principle of legitimate political representation have not been achieved.
Journal: Mostariensia - časopis za društvene i humanističke znanosti
- Issue Year: 28/2024
- Issue No: 1
- Page Range: 47-71
- Page Count: 25
- Language: Croatian