On Importance of the Legal Standard "Legal or Election Expert" for Selection of Members of the Central Election Commission of Bosnia and Herzegovina
On Importance of the Legal Standard "Legal or Election Expert" for Selection of Members of the Central Election Commission of Bosnia and Herzegovina

Author(s): Goran Marković
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Election management body; Election commission; Central Election Commission of Bosnia and Herzegovina;Election law; Legal standard; Legal and election expert;
Summary/Abstract: The subject of the work is requirements which the candidates for membership in the Central Election Commission of Bosnia and Herzegovina (CEC) have to fulfill. The author criticizes the solution of the Election Law of Bosnia and Herzegovina, according to which the only one quite general requirement has to be fulfilled. This requirement has been defined as a legal standard which can be understood in many different ways which paves the way for almost absolute discretionary power of political elites in the process of selection. This subject has to be analyzed in connection of other issues - composition of the CEC and the method of selection of its members. The author does exactly this, using both positive legal and comparative methods. His conclusion is that the selection of members of the CEC by a political institution in combination with very wide and general legal requirements which candidates have to fulfill give almost total freedom to political elites to select their protegees. Therefore the author proposes quite different composition, method of selection and legal requirements which candidates have to fulfill.

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