OKONČANJE ISTRAGE - KRITIČKI OSVRT NA ZAKONSKO RJEŠENJE
COMPLETION OF THE INVESTIGATION - CRITICS TO THE LAW AMENDMENTS

Summary/Abstract: The Constitutional Court of Bosnia and Herzegovina, as the highest court in Bosnia and Herzegovina, plays a role as a particular legal corrective which, among the other things, through its decisions tells how good the quality of laws is, in other words, it communicates that certain legal norms contained in laws do not meet the rule of law principle, and as such they should be removed from the law or the legal norm should be amended and harmonized with the rule of law principle. Therefore, Bosnian and Herzegovinian legislators should take into consideration that the laws they adopt during the legislative process must be in a line with the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms and international agreements listed in Annex I of the Constitution of Bosnia and Herzegovina. However, the practice indicates that the legislator sometimes misunderstands the communication of the Constitutional Court of Bosnia and Herzegovina and creates an even bigger problem with new legal solutions. This is exactly what happened to the latest amendments to the Criminal Procedure Code of Bosnia and Herzegovina, where the Bosnian and Herzegovinian legislator, when taking an effort to enforce the decision of the Constitutional Court of Bosnia and Herzegovina, went to a completely different direction and with the newly amended legislation questioned the investigation and criminal prosecution of persons who were the subject of the investigation.

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