Referendum u Bosni i Hercegovini
Referendum in Bosnia and Herzegovina

Author(s): Aida Hunček-Pita
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; BiH; referendum; RS; legislation; jurisdiction; national assembly;
Summary/Abstract: In order for citizens to directly decide at the state level, it is essential to define, in the Constitution, the jurisdiction of the Parliamentary Assembly to announce a referendum by its decision. As Bosnia and Herzegovina in its Constitution do not regulate the issue of referendum, therefore there is no legislation to regulate this issue in details; nobody can talk about the issue of citizen's referendum at the state level. The Constitution of Republika Srpska defines that National Assembly, as the holder of the legislature, can call the referendum on matters within its jurisdiction. Furthermore, following the legal subordination, the Law on referendum and citizen's initiative regulates that National Assembly can call referendum at the Republic level on any matter within its jurisdiction. However, if we descent to the level of local self-government, we can find the legal basis for direct participation of citizens in decision making and thus the basis for the referendum. Referendum can be announced at the level of municipality or city by municipal assembly or city assembly in order to declare the matters from its jurisdiction that are established by the law, the statute of municipality or city.

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