Uspostavljanje Vrhovnoga suda BiH: aktualna pravna misao o teoretskoj nedosljednosti u praksi
Establishment of Supreme Court of BiH: current legal thinking on theoretical inconsistency in practice

Author(s): Maja Sahadžić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional court; Supreme Court; establishment; BiH; legislation; thought; theoretical inconsistency; practices;
Summary/Abstract: Uniform application of law with respect to all citizens of Bosnia and Herzegovina may be ensured only throughout legal unity and equality before the law. This is conceivable solely as long as if integral and hierarchical legal system with the Supreme Court at the top exists. Unity of the state is always discussed through legal unity and rule of law. As a matter of fact, the Supreme Court is ensuring uniform application and interpretation of law; equality of citizens before the law; and individual interests of citizens. Without the Supreme Court, legal certainty, equality before the law and uniform application of law for all citizens of Bosnia and Herzegovina is compromised through differences in interpretation and application of substantive and procedural law before all courts in Bosnia and Herzegovina. Establishing the Supreme Court in Bosnia and Herzegovina would correspond to effective and rational fashion of legal acts harmonization e.g. final decision-making related to interpretation and application of substantive and procedural law before all courts in Bosnia and Herzegovina irrespective of establishing mechanism and aspect towards other courts.

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