Sistemske posljedice Odluke USBiH u predmetu U23/14 – nužnost strukturalnih izmjena dvodomnog uređenja zakonodavnog tijela
Systemic consequences of the decision of the Constitutional Court of BiH in the case of dr. Božo Ljubić – necessity of structural changes of bicameralism

Author(s): Demirel Delić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: BiH’s model of bicameralism; constitutional system of BiH; Election Law of BiH; Constitution of the FBiH; constituent peoples;
Summary/Abstract: In BiH’s model of bicameralism, since the decision of the Constitutional Court of BiH in the U23/14 case (dr. Božo Ljubić) House of Peoples exclusively represents its “constituent peoples (and others)”, so we can call it exclusively ethno-national bicameralism. Implementation of the decision became serious politicall issue, which will have severe consequences on the whole constitutional system of BiH. There are initiatives to change electoral legislation at the entity level, which undoubtedly leads to a conflict of arguments. The real issue is how to solve a problem of clear inconsistency between the Constitution of the FBiH, the Election Law of BiH and the Constitution of BiH, so it is very uncertain how the envoys of the FBiH House of Peoples can be elected without breaking a constitution or law at the same time. Decision of the Constitutional Court of BiH in the case of U-23/14 can not be properly implemented by merely modifying the Election Law of BiH, because proper implementation would mean changes to the constitutional structure at the level of FBiH and BiH through the harmonization of these acts and electoral legislation, through a clear delineation in the competencies of House of Peoples. House of Peoples by the interpretation of the Constitutional Court of BiH exclusively represents its “constituent peoples (and others)”, so in the spirit of the decision this House, has to have reduced powers based only on the protection of the constituent peoples (and others). The problem must be solved by domestic politicall structure with a permanent solution and with review of the constitutional structure in BiH and the possibility of constitutional changes. The paper consists models that would be beneficiall for the constitutional structure of the BiH.

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