Citizens’ Participation within the Legislative Procedure of the Office of the High Representative of Bosnia and Herzegovina in Light of Article 3 Protocol 1 to the ECHR
Citizens’ Participation within the Legislative Procedure of the Office of the High Representative of Bosnia and Herzegovina in Light of Article 3 Protocol 1 to the ECHR

Summary/Abstract: The concept of an international administration has lead to a significantly constrained state sovereignty and affects the lives of millions of people directly. The authority exercised by international administrators as in Bosnia and Herzegovina is extensive, including the power to legislate. It is vital for an international administration‘s domestic legitimacy that its authority is justified through participation of citizens within a polity. The right to political participation is recognized as a fundamental right in article 3 Prot. 1 to the ECHR. Therefore, the author examines if article 3 Prot. 1 to the ECHR is applicable to the legislation adopted by the international administrator and thereby if citizens of Bosnia and Herzegovina enjoy the right to participate in the legislative procedure of the High Representative. This will be analyzed at the national level in light of the theory of functional duality as developed by the Constitutional Court of Bosnia and Herzegovina. Lastly, the paper examines if citizens can enforce their right to participation which will be examined by analyzing if the Constitutional Court has the competence to review the legislation of the High Representative on compatibility with article 3 Prot. 1 to the ECHR.

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