Constitutionality of the Bankruptcy Proceedings in the Federation of Bosnia and Herzegovina: How Did We Kill Working Class? Cover Image

Ustavnost stečajnih postupaka u Federaciji Bosne i Hercegovine: Kako smo ubili radničku klasu?
Constitutionality of the Bankruptcy Proceedings in the Federation of Bosnia and Herzegovina: How Did We Kill Working Class?

Author(s): Zlatan Begić, Selma Razić
Subject(s): Constitutional Law, EU-Legislation
Published by: Centar za društvena istraživanja
Keywords: Bankruptcy; European convention; the right to property;

Summary/Abstract: According to Constitution of B&H, as well as constitutions of entities and cantons, Bosnia and Herzegovina is a state of human rights in full capacity. International instruments which guarantee a wide range of human rights and freedoms are integral part of the legal order of Bosnia and Herzegovina. In the Federation of B&H, 22 international documents listed in the annex to the Constitution have the power of constitutional provisions. However, it often happens that laws and regulations of executive authority entirely suspend or limit rights and freedoms guaranteed by the constitution. Thus, in most cases, there is a mismatch of constitutional-normative regulations in comparison with the real state created by laws, and in some situations, by regulations of executive authorities. It’s a widespread practice that has, unfortunately, affected almost all areas of life. The paper analyzes the provisions of Bankruptcy Law of the Federation of B&H which substantially limits many constitutionally guaranteed rights of employees of debtor in bankruptcy proceedings.

  • Issue Year: 2/2015
  • Issue No: 2
  • Page Range: 49-69
  • Page Count: 21
  • Language: Bosnian