Državna imovina u Bosni i Hercegovini: državno ili entitetsko vlasništvo – javnopravni pogled
State property in Bosnia and Herzegovina: state or entity ownership - public law view

Author(s): Emir Mehmedović
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; BiH; state property; government; structure; entities; legislation; list of state property;
Summary/Abstract: The issue of the status of state property in Bosnia and Herzegovina is one of the most significant political and legal issues. It causes legal disputes and political tensions in Bosnia and Herzegovina, for a quite long period. The importance of resolution of state property status is confirmed by the fact that this issue is the first of five conditions for transformation of the Office of the High Representative (OHR) to the Office of EU Special Representative (EUSR). This text is intended to clarify the meaning of the term „state property problem“, what is the current status of that property, to show what activities were taken to resolve the same, and, especially, to submit some of the basic arguments pro and contra and propose solutions. Based on the analysis of the attitudes expressed on the state property issue, could be derived the conclusion that the basic criteria for the distribution of state property should be „functional principle“, which is based on the fact that each level of government receives property that requires to normally perform its functions and responsibilities.

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