Aktuelna pitanja nadležnosti Ustavnog suda Bosne i Hercegovine iz Člana VI3A) Ustava Bosne i Hercegovine:najnovija praksa i mogući izazovi
Current Issues of the Constitutional Court of Bosnia and Herzegovina Under Article VI/3A) of the Constitution of Bosnia and Herzegovina: the Latest Case-Law and Possible Challenges

Author(s): Miodrag N. Simović, Milena Simović
Subject(s): Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitution of Bosnia and Herzegovina;Court of Bosnia and Herzegovina;European Convention for the Protection of Human Rights and Fundamental Freedoms;European Court for Human rights;Constitutionality
Summary/Abstract: The provision of Article VI/3a of the Constitution of Bosnia and Herzegovina does not prescribe an explicit competence of the Constitutional Court to assess the constitutionality of a law or a provision of the law in Bosnia and Herzegovina. However, substantial term of competence, determined by the Constitution of Bosnia and Herzegovina itself, prescribes titulus of the Constitutional Court for such a competence, especially when taking into account the role of the Constitutional Court as an organ supported by the Constitution of Bosnia and Herzegovina. In earlier case-law of the Constitutional Court of Bosnia and Herzegovina an issue was raised as to whether non-compliance of provisions of disputed Entity law with the law of Bosnia and Herzegovina leads to incompatibility with the Constitution of Bosnia and Herzegovina and, thereby, with the principle of the rule of law under Article I/2 of the Constitution of Bosnia and Herzegovina. In reply to that question, the Constitutional Court has held that the laws of Bosnia and Herzegovina, adopted by the Parliamentary Assembly of Bosnia and Herzegovina, shall be considered as „decisions of institutions of Bosnia and Herzegovina“ under Article III/3b) of the Constitution of Bosnia and Herzegovina, and passing of a law by the Entities or subdivisions in Bosnia and Herzegovina, contrary to the procedure prescribed by the state law, may bring into question compliance with provisions of Article II/3b) of the Constitution of Bosnia and Herzegovina, according to which the Entities and any subdivisions thereof shall comply with, amongst other, the decisions of the institutions of Bosnia and Herzegovina. So, the Entities (or subdivisions thereof) shall comply with obligations prescribed under the laws adopted by the institutions of Bosnia and Herzegovina. The fact that those obligations have not been complied with may lead to violation of provisions of the Constitution of Bosnia and Herzegovina.

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