Utiču li presude Evropskog suda za ljudska prava na prirodu ustavnog uređenja Bosne i Hercegovine?
Do the Judgments of the European Court on Human Rights Influence the Nature of Constitutional Order of Bosnia and Herzegovina?

Author(s): Goran Marković
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Government/Political systems, Politics and law, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: European Court; human rights; constitution; Bosnia and Herzegovina; democracy; politics;
Summary/Abstract: The author develops the attitude that the judgments of the European Court on Human Rights do not necessarily influence the nature of the constitutional order of Bosnia and Herzegovina. Various proposals on the constitutional reform had been formulated. Some of them had been directed on the radical transformation of the political-territorial organization, as well as the organization and competences of the institutions, such as the Parliamentary Assembly and the Presidency. The author analyses the influence of various constitutional solutions on the composition, election, and the competences of particular institutions. The analysis shows that the majority of these solutions do not influence on the nature of the constitutional order. Some of them could influence to different degrees on the realization of the federal principles, and the principles of the consociative democracy, but not on the nature of the entities, or on their relationship with the state.

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