DEJSTVO PRESUDE U-22/16 USTAVNOG SUDA FEDERACIJE BOSNE i HERCEGOVINE U PORODIČNOM I NASLJEDNOM PRAVU
THE IMPLICATIONS OF THE DECISION U-22/16 BROUGHT BY THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA IN FAMILY AND INHERITANCE LAW

Summary/Abstract: On March 06, 2019, the Constitutional Court of Bosnia and Herzegovina (BiH) Federation brought the decision specifying that certain provisions of the Inheritance Law and the Family Law of BiH or the normst hat regulate the form for certain legal-inheritance and family-legal contracts are not in accordance to the Constitution of BiH Federation. The Constitutional Court of BiH Federation brought transitional arrangements thus allowing the Parliament of BiH Federation to harmonize the regulations identified as unconstitutional with the Constitution of BiH Federation within the maximum of six months from the date the decision was published in the Official Gazette of BiH Federation. The deadline determined by the Constitutional Court of BiH Federation passed on November 2019 and the Parliament of BiH Federation did not fulfillits obligations. Hence, as specified by the Court in Article 7 of the Decision, the provisions deemed unconstitutional ceased to exist. The paper analyzes the legal arrangements as the result of a failure to implement the Decision U-22/16 as well as the legal consequences of such a situation. Actually, the paper attempts to answer the question whether the legal system has the form for these legal-inheritance and family-legal affairs, and if that is the case, which form would be required for the legal affair to be valid.

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