Constitutional Reform in Bosnia and Herzegovina Procedures, Challenges, Recommendations
Constitutional Reform in Bosnia and Herzegovina Procedures, Challenges, Recommendations

Summary/Abstract: The Dayton Peace Agreement brought peace to Bosnia and Herzegovina (BiH) in 1995, but at the same time, it established one of the most complex states in the world. Due to its federal structure, institutional organization and check-and-balance mechanisms, BiH’s efforts to become a functional and selfsustaining state have been blocked. Constitutional reform is without a question something that needs to be accomplished in the coming years. The European Court of Human Rights in Strasbourg demanded a change in favour of the political rights of minorities in BiH Constitution only in December 2009. The paper presents the normative aspects of the “Dayton” Constitution amendment procedure, and the current process of setting up state institutions being the result of the transfer of competencies from the lower levels to the state. The last two chapters discuss actual debates on future constitutional reform, also providing the authors’ critical review of potential reform that could take place before, but also after the general elections in October 2010. The federal structure of Bosnia and Herzegovina, divisions of authority between state and lower levels of the government, institutions and veto-mechanisms must go through a comprehensive reform, which will in turn make BiH a country that is ready to join and equally participate in the European Union.

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