Aktivno i pasivno biraĉko pravo u izboru Predsjedništva Bosne i Hercegovine, Doma naroda Bosne i Hercegovine i Federacije Bosne i Hercegovine
Active and Passive Voting Right when Electing the Presidency of B&H, B-H House of Peoples and the Federation of B&H in the Constitutional Order

Summary/Abstract: The scientific and expert community has been analyzing the current Constitution of Bosnia and Herzegovina, which was agreed upon within the General Framework Agreement for Peace in Bosnia and Herzegovina. All these papers share a common feature which is a taking of critical stance towards the contemporary constitutional order of Bosnia and Herzegovina, which has changed rather slightly in legally - formal terms. Up to present moment, only the Brčko District Amendment has been adopted. Prior to its adoption, a number of factual changes to the Constitution of Bosnia and Herzegovina took place, which should be formally confirmed in future. The published critics of constitutional antinomies are standing for a solid basis regarding the direction that constitutional reform in Bosnia and Herzegovina should take. This paper has three parts. The first part is dedicated to the analysis of the B-H Constitution‟s shortcomings, published by Prof. Dr. Ibrahim Festić, Prof. Dr. Nedžad Duvnjak, Prof. Dr. Omer Ibrahimović and Prof. Dr. Ćazim Sadiković. The paper‟s second part is an analysis of the entire constitutional order‟s legal nature done by this paper‟s author. Only on the basis of the analyzing the legal nature of the entire B&H constitutional order, one can know what kind of de lege ferenda amendments to the B-H Constitution should be and what kind should be not adopted. The paper‟s third part presents the tangible proposals of these reforms for the discrimination abolishing regarding the election of political representatives of constituent peoples and national minorities in the House of Peoples of B&H, in the election of constituent peoples‟ political representatives in the B&H Presidency, and what kind of constitutional amendments should not be adopted for the election of national minorities and others‟ political representatives in the Presidency compliant with the Ruling of the European Court of Human Rights in the Sejdić and Finci vs. Bosnia and Herzegovina Case.

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