Ustavna diskriminacija građana
Constitutional Discrimination of Citizens

Summary/Abstract: According to its Preamble, the Constitution of Bosnia and Herzegovina defines Bosniaks, Croats and Serbs, as “constituent peoples” (along with Others) and BH citizens. However, the State Bosnia and Herzegovina doesn't permit its citizens to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina, unless falling into the category of constituent peoples. This right is guaranteed by the European Convention on Human Rights which is directly applied in Bosnia and Herzegovina and shall priority over all other law (Article 2, Section 2). However, the latest decision of the European Court of Human Rights in case “Zornić v. Bosnia and Herzegovina“ has clearly shown that the Constitution of Bosnia and Herzegovina contains discriminatory provisions concerning the ineligibility of national minorities and citizens in Bosnia and Herzegovina to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina. The crucial question is, what is further destination of political democracy in Bosnia and Herzegovina when only persons declaring affiliation with “constituent peoples“ are entitled to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina? Does the incompatibility between the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights represent a threat to the future effectiveness of the Convention machinery? Is it possible for the State Bosnia and Herzegovina which is gone regressive, to become a full member of the European Union with the Constitution which is not in compliance with the European Convention on Human Rights?

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