Treba li Bosni i Hercegovini vrhovni sud?
Does Bosnia and Herzegovina need a supreme court?

Author(s): Nurko Pobrić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; Supreme Court; BiH; necessity; VSTV; HJPC;entities; RS; FBiH; EU;
Summary/Abstract: The author emphasizes the work of reason and the current need for a debate on the judicial system of Bosnia and Herzegovina, and in conjunction with the discussion of the need for the establishment of the Supreme Court of Bosnia and Herzegovina. The paper presents outlines of a model of the complex of courts (federal) states. Explained the reasons - why in Bosnia and Herzegovina has not established the Supreme Court. Such an "institutional gap" author sees the shortcomings of the Dayton constitution. Despite these shortcomings, the author's opinion, interpreting the relevant provisions of the Constitution of Bosnia and Herzegovina, the Constitution can be found the basis for the decision of the Supreme Court of Bosnia and Herzegovina, and the establishment of the Court. The analogy is receiving appropriate in the Law on Court of Bosnia and Herzegovina in which the Constitutional Court of Bosnia and Herzegovina found that in accordance with the Constitution of Bosnia and Herzegovina. Bosnia and Herzegovina (which in this respect can not be an exception compared to other states) requires the Supreme Court, because the existence of such a tribunal, as the highest court, ensures the unity of the judicial system, harmonization of court practice, the application of equal rights and equal justice before the law.

• Details
• Contents