Raspodjela nadležnosti prema Ustavu BiH
Division of jurisdiction according to the Constitution of BiH

Author(s): Harun Išerić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Government/Political systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional Court; jurisdiction; division; BiH; entities; FBiH; RS;
Summary/Abstract: Ever since B&H Constitution entered into the force in 1995 political and academic voices from Republika Srpska have been claiming that the state has just ten exclusive competences listed in Article III of the Constitution. Research has shown that Constitution as interpreted by the Chamber/Commission for Human rights and the B&H Constitutional Court, provide a state with more than just ten exclusive competences and recognizes joint competences of B&H and entities. There are also two types of joint competences: parallel and competitive one. Almost every article of the Constitution is the basis for the establishment of exclusive competences of the state or joint competences of the state and entities. This is especially evident with regard to Article I - Bosnia and Herzegovina, Article II - Human rights and fundamental freedoms, and articles by which the state institutions are established: Parliamentary Assembly, the Presidency, the Constitutional Court and the Central Bank (Articles IV - VII). Operationalization of these constitutional norms depends of existence of political will and absence of blockage in B&H institutions. Because of the existing blockages, which are often justified by the absence of clear constitutional standards of competence in a particular case, it is necessary to amend the Constitution in order to harmonize the text of the Constitution with what is constitutional reality in regard to competence division in constitutional order of B&H.

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