Izbor predsjednika Centralne izborne komisije – pravni aspekti i posljedice odluke
Election of the President of the Central Election Commision of BiH – legal aspects and consequences of the decision

Author(s): Demirel Delić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Electoral systems, Present Times (2010 - today)
Published by: Fondacija Centar za javno pravo
Keywords: election campaign in 2018.; Constitutional Court of BiH; Election Law of Bosnia and Herzegovina; Central Election Commision of BiH; democratic consciousness;
Summary/Abstract: Election campaign and generally election period for the election's in 2018 corresponds to the problem of the implementation of the decision of the Constitutional Court of BiH in the U-23/14 case (dr. Božo Ljubić). In that case Court found that the Election Law of Bosnia and Herzegovina is incompatible with the Constitution of the Federation of Bosnia and Herzegovina and with the international standards of the European Convention on Human Rights and Fundamental Freedoms. So, there are initiatives to change electoral legislation which undoubtedly leads to a conflict of arguments. In those circumtances, political acters decided to make pressure on Central Election Commision of BiH, because they (politicans) didn't menage to timely change Election Law, which means that the key for implementation of the election results is in the hands of Central Election Commision of BiH. Few days before elections, the President of the Central Election Commision of BiH was being elected from amongst members of the Central Election Commision of BiH. By the system of rotation it was time to choose president amongst serb's. By the decision of election of the President of the Central Election Commision of BiH Branko Petrić was elected. Unsatisfied with the decision, Novak Božičković (also serb member of the Central Election Commision of BiH) appealed against the decision to the Appelate Division of the Court of BiH. He (mr. Božičković) argued that the decision was not compatible with the Election Law of Bosnia and Herzegovina, because mr. Petrić was already elected as a president few years ago. In a few days time after his appeal, the Appelate Division of the Court of BiH confirmed the decision of the Central Election Commision of BiH. After that, there were public reactions of the politicians, intelectuals, journalists, who unanimously considered the decision of the Court, and Central Election Commision of BiH as politically motivated. Because of that I considered that there is a need to detaily inform expert and general public of legal aspects and consequences of the decision. Only with that kind of approach there is a chance that we (as a society) can upgrade our democratic consciousness and belief in the judicial system.

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