Službenički sistem u FBiH: pravni partikularizam i a la carte primjena – uzroci i posljedice
Administrative system in Federation of Bosnia and Herzegovina: Legal particularism and A la Carte implementation - Causes and Consequences

Author(s): Emir Mehmedović, Selma Horić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Public Law, Transformation Period (1990 - 2010), Present Times (2010 - today)
Published by: Fondacija Centar za javno pravo
Keywords: Law on Civil Service in FB&H; Constitution of FB&H; Cantonal Laws on Civil Service; legal parallelism; legal particularism;
Summary/Abstract: Judgment of the Constitutional Court of FB&H No. 27/09, which found that Article 1, paragraph 1 of the Law on Civil Service in FB&H, in the part which refers to cantons, cities and municipalities, is not in accordance with the Constitution of FB&H, broke down theretofore uniform civil service system in the FB&H and opened up the possibility for creation of parallelism in the legislative regulation of this question. In the coming years, with the adoption of Cantonal Laws on Civil Service, legislative parallelism was created. Legislative parallelism has opened up space for legal particularism that is reflected in various legal solutions in laws on civil service and has created, and are likely to create in the future, legal uncertainty in terms of application of appropriate regulations. An example can be the status of advisers to elected and appointed persons in Sarajevo Canton, especially in municipalities and the City of Sarajevo. The aim of this paper is to present the causes and consequences that led to legal parallelism, and then to legal particularism in the civil service law of FB&H, and to indicate the way for possible regulation of this area.

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