THREE PROBLEMS OF THE LEGAL SYSTEM OF BIH Cover Image

ТРИ ПРОБЛЕМА ПРАВНОГ СИСТЕМА БиХ
THREE PROBLEMS OF THE LEGAL SYSTEM OF BIH

Author(s): Marko Šukalo
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Dayton Peace Agreement; form of regulation; Constitutional Court of Bosnia and Herzegovina; High Representative;

Summary/Abstract: The General Framework Agreement for Peace in Bosnia and Herzegovina has a civilizational value. The agreement ended the tragic conflict in Bosnia and Herzegovina and established peace. Annex 4 – The Constitution of Bosnia and Herzegovina regulated the newly created Dayton Bosnia and Herzegovina on the basis of parity, consensus and equality of the entities of the Republika Srpska and the Federation of Bosnia and Herzegovina and the three constituent peoples – Serbian, Croat and Bosnian. However, the Dayton Peace Agreement has its weaknesses, which have been abused for the purpose of uniting Bosnia and Herzegovina. In the paper, the author identifies, analyzes and criticizes three key problems, the resolution of which may determine the survival of Bosnia and Herzegovina, and suggests possible solutions. The three problems of the BiH legal system are: 1) an unclearly defined form of regulation; 2) the Constitutional Court of BiH, which also includes foreign judges, and 3) the presence of the international community embodied in the High Representative for BiH.

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