UTJECAJ ODLUKA EUROPSKOG SUDA ZA LJUDSKA PRAVA NA USTAV BOSNE I HERCEGOVINE
IMPACT OF THE DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS ON THE CONSTITUTION OF BOSNIA AND HERZEGOVINA

Summary/Abstract: This paper analyzes three decisions of the European Court of Human Rights; Sejdić and Finci vs. Bosnia and Herzegovina, Zornić vs. Bosnia and Herzegovina and Pilav vs. Bosnia and Herzegovina and their impact on the Constitution of Bosnia and Herzegovina, and possibility of their implementation in the Constitution of Bosnia and Herzegovina. The fundamental problem that needs to be resolved is to reconcile the fundamental principles of the Constitution of Bosnia and Herzegovina, the principle of constituency and equality of peoples as a general principle of democracy with the proclaimed principle of the European Court of Human Rights’s decision on equal right to elect for every citizen as the general principle of democracy. It is in fact the art of achieving a balance between the protection of individual civil rights and the protection of the rights of constituent peoples, ie the equality of each of the three constituent peoples in B&H (Bosniaks, Croats and Serbs). The principle of constituency or equality of peoples can only be achieved through legitimate political representation.

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