ПОЛОЖАЈ И ОВЛАШЋЕЊА КАНЦЕЛАРИЈЕ ВИСОКОГ ПРЕДСТАВНИКА У БОСНИ И ХЕРЦЕГОВИНИ
POSITION AND POWERS OF THE OFFICE OF THE HIGH REPRESENTATIVE IN BOSNIA AND HERZEGOVINA

Summary/Abstract: Over the three decades (1995-2025) of its existence, the High Representative of the international community for Bosnia and Herzegovina has grown into a separate, sovereign institution of this former Yugoslav republic, although it was originally assigned the role of an organ of the international community, which consisted of facilitating the implementation of the civilian part of the Dayton Peace Agreement in Bosnia and Herzegovina. The High Representative acted as the bearer of numerous powers that did not belong to him and thus interfered in the exercise of both constitutional and legislative, as well as executive and judicial powers, violating one of the basic principles of the rule of law – the separation of powers. By revising (amending) the Constitution of BiH, he also disrupted the clearly envisaged balance determined by the Constitution between the Republika Srpska and the Federation of BiH (entities) and Bosnia and Herzegovina (state), and all this was done with the aim of strengthening the central government and uniting BiH. The transfer of competences from the entity bodies to higher-level institutions, i.e. to the institutions of Bosnia and Herzegovina, was carried out by the High Representative without the consent of the entities themselves, and by establishing new institutions in the state, a significant revision of the Constitution of BiH itself was carried out.

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