THE ROLE OF THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA IN THE PROTECTION AND FURTHER DEVELOPMENT OF THE EUROPEAN IDENTITY IN BH Cover Image

ULOGA USTAVNOG SUDA BOSNE I HERCEGOVINE U ODBRANI I DALJNJOJ IZGRADNJI EVROPSKOG IDENTITETA U BOSNI I HERCEGOVINI
THE ROLE OF THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA IN THE PROTECTION AND FURTHER DEVELOPMENT OF THE EUROPEAN IDENTITY IN BH

Author(s): Milena Simović, Miodrag Simović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Constitutional Court; European identity

Summary/Abstract: Bosnia and Herzegovina has always been in Europe belonging to a community of the European countries and European cultural, historical and legal heritage. Thus, regardless of how much we agree or disagree with the thesis that a certain number of countries, especially those in transition and those which are undergoing a post-conflict period, deviate from the so called contemporary European standards, Bosnia and Herzegovina is indeed a part of Europe. Bosnia and Herzegovina is a part of European identity and conglomerate of that what makes up Europe. Bosnia and Herzegovina has, just as the entire former region of the southwest Balkans, especially overlooking the period of the last twenty years, enriched the European tradition and European identity by its people, languages, cultures, ethnicities etc. However, the „European identity“ today represents a certain paradigm of specific standards that European countries strive towards. These standards are evolutive result of the development of the democracy and legal state, human rights and freedoms protection and other values that the scientific doctrine today accepts as the goal of the contemporary society. If this were to be taken as true, then one can surely say that Bosnia and Herzegovina „strives“ towards Europe and is on the „European path“ but has not arrived in „Europe“ just yet. Only when Bosnia and Herzegovina meets the so called, European standards, regardless of that how unclear they are or how different viewpoints we might have on them, we can speak of Bosnia and Herzegovina and the European identity. The Constitutional Court of BiH is very important constitutional institution. Its role is crucial when it comes to protection of constitutional order including human rights and freedoms. It is understandable that everyone wants the Constitutional Court of BiH to take decision he/she desires. However, the Court should uphold the Constitution of BiH, protect and adjudicate in accordance with it. On the other hand, the Constitutional Court of BiH should be independent and impartial. That is one of its basic characteristics and cornerstone of its successful work. Autonomy, independence and impartiality of the Constitutional Court of BiH are in the interest of all of its citizens.

  • Issue Year: 4/2011
  • Issue No: 07
  • Page Range: 9-27
  • Page Count: 19
  • Language: Bosnian