SPECIFIČNOSTI USTAVNOG SUDSTVA U BOSNI I HERCEGOVINI
SPECIFICITIES OF THE CONSTITUTIONAL JUDICIARY IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The position of the constitutional court is of utmost importance for the rule of law in any country. However, the importance of the position of the Constitutional Court of Bosnia and Herzegovina stems from the fact that an international armed conflict occurred on the territory of Bosnia and Herzegovina, which led to peace negotiations resulting in a new Constitution of Bosnia and Herzegovina. The new constitutional solutions are very specific and, given that they were not adopted in regular procedure but as a result of compromise aimed at ending the conflict, they are often perceived as flawed. The specificity of these solutions is also reflected in the complexity of the legal system, which greatly affects the development and prosperity of the state. This complexity is particularly emphasized and evident when we talk about attempts to weaken the Constitutional Court of Bosnia and Herzegovina, degrade that institution, damage its reputation, and attempt to minimize its decision-making powers or transfer them to entity constitutional courts (the Constitutional Court of the Federation of Bosnia and Herzegovina and the Constitutional Court of Republika Srpska), which could lead to the collapse or erosion of the system of legal norms. In this context, one may ask, what if we did not have the Constitutional Court of Bosnia and Herzegovina? Who would be a shield of the Dayton Peace Agreement and the Constitution of Bosnia and Herzegovina? Of course, without degrading the institutions of the entity constitutional courts, it is important to emphasize the primary importance of the existence of a state constitutional court. Through this paper, we will primarily try to explain the significance of the existence of constitutional courts, some of their peculiarities, say something about their general competences, the selection and appointment of judges, but also explain in detail the significance and importance of the functioning of entity constitutional courts, as well as the relationship between the Constitutional Court of Bosnia and Herzegovina and the entity constitutional courts, the collision of competences between the Constitutional Court of Bosnia and Herzegovina and the entity constitutional courts, and carry out a comparative legal analysis with the constitutional judiciary of Germany, a country that has a similar constitutional and legal system within the European continental legal framework, all relying on relevant literature and case law. We will also touch on different types of independence of the Constitutional Court of Bosnia and Herzegovina and try to present the complexity of the constitutional legal system of Bosnia and Herzegovina through practical cases.

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