Dejtonski mirovni sporazum u odlukama Ustavnog suda Bosne i Hercegovine
Dayton peace agreement in decisions of the constitutional court of Bosnia and Herzegovina

Summary/Abstract: After introductory remarks related to the abstract review of constitutionality from Article VI/3a) of the Constitution of Bosnia and Herzegovina, the article provides an overview of the current practice of the Constitutional Court of Bosnia and Herzegovina related to the Framework Agreement for Peace in Bosnia and Herzegovina, i.e. the Dayton Peace Agreement. What is constant is that the Constitutional Court of Bosnia and Herzegovina has been dealing with this issue from the beginning of its functioning onwards, taking the position that the Constitution of Bosnia and Herzegovina was adopted as Annex 4 of the General Framework Agreement for Peace in Bosnia and Herzegovina and it therefore follows that there can be no conflict or the possibility of a dispute between that Agreement and the Constitution of Bosnia and Herzegovina. It follows from the very structure of the Agreement that the Annexes are of the same character and that the creators of the Annexes did not intend to encounter any conflict or the possibility of a dispute between individual Annexes or the institutions established by them. Therefore, it can be concluded that they complement each other and act in parallel. The Constitutional Court of Bosnia and Herzegovina also dealt with the Dayton Peace Agreement in its four partial decisions No. U-5-98 in the context of sovereignty, the rights of peoples to self-determination, entity statehood and parallel relations with neighboring states. A significant part of the case law of the Constitutional Court of Bosnia and Herzegovina deals with issues of refugees and displaced persons from Article II/5 of the Constitution of Bosnia and Herzegovina, where Annex 7 of the Dayton Peace Agreement played a role in arguing Constitutional Court’s decisions. In accordance with the case law of the Constitutional Court, this constitutional provision indicates that Annex 7 serves not only for the purpose of interpreting the Constitution of Bosnia and Herzegovina, but also as its further constitutional elaboration, especially the right to return from Article II/5 of the Constitution of Bosnia and Herzegovina.

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