BOSNIA AND HERZEGOVINA BEFORE THE CONSTITUTIONAL CHOICE Cover Image

BOSNA I HERCEGOVINA PRED USTAVNIM IZBOROM
BOSNIA AND HERZEGOVINA BEFORE THE CONSTITUTIONAL CHOICE

Author(s): Enver Išerić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Constitution; Human Rights; Asymmetric formation BiH; Constitutional Amendments

Summary/Abstract: The author of the article analyses the existing Constitutional solutions in Bosnia and Herzegovina, emphasizing provisions being in direct opposition to the European Convention for the Protection of Human Rights. These provisions refer to the selection of the Members of the Parliament of B&H as well as Members of the House of Peoples of the Parliamentary Assembly of B&H. In addition, the author indicates on the Constitutional and International responsibility of B&H comparing the Constitution of B&H with the European Convention for the Protection of Human Rights. It is recognised in international circles that the Dayton Peace Agreement has tightened the results of the execution of ethnic cleansing. Farthermore, the text deals with the issues concerning asymmetric formation of entities, as well as referendum request. The author explains the right for self-determination as well as principles for human rights protecion where every human being has the right to freedom of expression of its ethnic, religious or linguistic community. In the end, the author concludes that in the accession process to NATO or EU, Bosnia and Herzegovina has to be more functional state and political leaders need to understand that they are faced with the choice: to retain unchanged Constitution and to bear economic, social or political consequences or to enforce Constitutional Amendments in order to make Bosnia and Hezegovina more stable, functional and prosperious state inside the European Union.

  • Issue Year: 4/2011
  • Issue No: 07
  • Page Range: 353-367
  • Page Count: 15
  • Language: Bosnian