Zaštita vitalnog nacionalnog interesa - (ne) postojeća pravna praznina u Ustavu Bosne i Hercegovine
Protection of Vital National Interest - the (Non)Existing Legal Gap in the Constitution of Bosnia and Herzegovina

Author(s): Cvija Jurković, Ivan Tomić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitution of Bosnia and Herzegovina; Vital national interest; Constitutional Court; Legal gaps; Construction;
Summary/Abstract: The Constitution of Bosnia and Herzegovina regulates a special procedure for the protection of the vital national interest of the constituent peoples when passing decisions in the Parliamentary Assembly of Bosnia and Herzegovina. If agreement is not reached among the constituent peoples in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, the matter will be referred to the Constitutional Court, which shall in an expedited process review it for procedural regularity. However, despite the constitutional provision that explicitly gives the Constitutional Court the jurisdiction to examine procedural regularity, the Constitutional Court of Bosnia and Herzegovina has decided on the merits in cases of protection of vital national interest. The Constitutional Court significantly limited the scope of the vital national interest protection mechanism by determining, although not exhaustively, which issues fall within the scope of the vital national interest exercising jurisdiction that is not regulated by the Constitution. In the paper, the authors will analyze whether there is a legal gap in the specific case that the Constitutional Court filled or the Constitutional Court created a non-existent legal gap that it filled by creating unexpressed constitutional norms.

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