USTAV BIH – KA NOVIM, FUNKCIONALNIM RJEŠENJIMA
THE CONSTITUTION OF BOSNIA AND HERZEGOVINA – TOWARDS NEW AND FUNCTIONAL PROVISIONS

Summary/Abstract: The authors of this paper offer a critical analysis of the existing constitutional organization of Bosnia and Herzegovina, and in particular of Article I.4 of the Constitution of Bosnia and Herzegovina. They investigate the causes of the dysfunctionality of the economic system and the consequences of the absence of a single economic space in the country. They propose a reform of the legal framework that would strengthen the role of the institutions of Bosnia and Herzegovina at the state level and that of local communities, and weaken the economic and financial powers of the entities, Brčko District and the cantons of the Federation of Bosnia and Herzegovina. This would improve Bosnia and Herzegovina’s business environment and help to attract foreign investment. Constitutional changes would need to result in the harmonization of legislation governing company incorporation, business operations and company dissolution, as well as the functioning of the financial system as the main integrative factor of a country’s economy. They set out a number of specific measures that would alter the situation in certain sectors of the economic system of Bosnia and Herzegovina.

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