Противрјечност стандарда конституционализма и конституционалне демократије и постојања и надлежности институције Високог представника у Босни и Херцеговини
Contradictions of the Standard of Constitutionalism and Constitutional Democracy and Jurisdiction of Institution of High Representative in Bosnia and Herzegovina

Author(s): Mile Dmičić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutionalization and constitutional democracy;Dayton resolution;High representative;State and entities;Constitutional changes;Constitutional court of B&H;Bonn powers;EU integration;European court
Summary/Abstract: The General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter Dayton Peace Agreement) with 11 Annexes is one of the most significant international agreements. Constitutionalization gave Bosnia and Herzegovina qualities of complex state sui generis in many respects. In violation of legacy and standards of constitutionalism and constitutional democracy, High representative, by passing decree not pursuant to Annex 4 but to Annex 10 of B&H Constitution, amended entity constitutions, passed new and amended existing laws, exerted influence on parliamentary, executive and judicial authorities, removed form office civil servants and members of political and public life, decided on subject-matter jurisdiction and territorial jurisdiction of courts, established new institutions in B&H etc. In the context of disagreements with the actions of the eight High representative, such situation only strengthened internal division and enhanced dissolution processes, especially in light of efforts to centralize and unify the state and favor one - the largest in number ethnic group, all under the pretext of creating functional state. Thereby, High representative and International community committed an undemocratic act incompatible with the time we live by raising the issue of feasibility of resolutions achieved by Dayton Agreement and the need to end the mandate of High representative in B&H, which jeopardize the process of constitutionalization and EU integrations.

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