Electoral Modalities of the Presidency of Bosnia and Herzegovina Cover Image

Izborni modaliteti Predsjedništva BiH
Electoral Modalities of the Presidency of Bosnia and Herzegovina

(Sejdić/Finci incentives)

Author(s): Mirza Korajlić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Electoral systems
Published by: Fondacija Centar za javno pravo
Keywords: Bosnia and Herzegovina; Presidency; European Court of Human Rights; case Sejdić and Finci v. Bosnia and Herzegovina; decision Sejdić/Finci;

Summary/Abstract: The author presents an overview of past constitutional initiatives (election models) for the Presidency of Bosnia and Herzegovina, precisely initiatives that are outcome of negotiations of the political parties, and initiatives of independent authors. Within the framework of election models specific review is given in relation to the judgement of European Court of Human Rights in case Sejdić and Finci v. Bosnia and Herzegovina, in relation to the discrimination of Bosniaks and Croats in Republika Srpska and Serbs in Federation of B&H in present election model, and review concerning constitutional principles: democracy, rule of law etc. Moreover, opinions of the European Commission for Democracy through Law — Venice Commission about some election models are taken into account. Election models of the Presidency of B&H are presented in two main groups: models of direct and models of indirect election, as two different forms of representative democracy. This article presents models that connote minimally needed changes of the Constitution of B&H, only for implementing decision Sejdić/Finci, and models that requires enhanced constitutional changes concerning position, competences and number of members of the institution Presidency of B&H, which necessarily doesn’t stem from decision Sejdić/Finci.

  • Issue Year: 2/2011
  • Issue No: 3
  • Page Range: 34-45
  • Page Count: 12
  • Language: Bosnian, Croatian, Serbian