Transitional Justice and the Council of Europe – A Special Emphasis on the Sejdic and Finci Case
Transitional Justice and the Council of Europe – A Special Emphasis on the Sejdic and Finci Case

Summary/Abstract: The aim of this essay is to show the importance of the Council of Europe (CoE) and its mechanisms during transitional justice processes in European countries. The CoE can provide a broad measure of what might be called transitional justice assistance to build up a new democratic order, encompassing rule of law, democracy and human rights standards. There will be a special emphasis on Bosnia and Herzegovina (BiH), specifically on one case that appeared before the European Court of Human Rights – Sejdic and Finci v. Bosnia and Herzegovina. In this case it will be shown how different mechanisms of the CoE, the Venice Commission, the Committee of Ministers and primarily the European Convention on Human Rights (Convention) and its ―watchdog the European Court of Human Rights (ECHR) can identify violations of human rights and can actively set up standards of human rights, rule of law and democracy.

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