Does Bosnia and Herzegovina need one Supreme Court Cover Image

Da li je Bosni i Hercegovini potreban jedan vrhovni sud
Does Bosnia and Herzegovina need one Supreme Court

Author(s): Vesna Rakić Vodinelić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Fondacija Centar za javno pravo
Keywords: Supreme Court; Bosnia and Herzegovina; judicial organization; highest judicial instance;

Summary/Abstract: The need to establish the Supreme Court which would have the competence on the entire territory of Bosnia and Herzegovina has been considered. In order to answer the question whether BiH really needs a Supreme Court as such, first there is a need to answer the questions relevant to any judicial organization: What is the type of government structure in BiH from the legal and practical point of view – unitary, federal/regional, with symmetric or asymmetric federalism/regionalism, or confederation? What type of organization do BiH courts fit into from the government structure point of view? Is there as basis to compare judicial structure in BiH with European states (if so, which states), in order to perhaps find efficient example of the role model? Does the current court structure provide legal equality (pertaining to both substance and process) of legal entities, as viewed both from legislative and pragmatic aspect? Bearing in mind the answers to the preceding questions, is it possible to formulate the efficient proposal related to the highest judicial instance in BiH?

  • Issue Year: 2/2011
  • Issue No: 4
  • Page Range: 28-38
  • Page Count: 11
  • Language: Bosnian, Croatian, Serbian