Democratic deficits in the BiH Constitution are blocking continuation of integration processes Cover Image

Demokratski deficiti Ustava BiH blokiraju nastavak integracionih procesa
Democratic deficits in the BiH Constitution are blocking continuation of integration processes

Author(s): Kasim Trnka
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Political history, Government/Political systems, Transformation Period (1990 - 2010), Inter-Ethnic Relations, Peace and Conflict Studies
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: BiH Constitution; democratic deficit; constitutional reform; European Commission; European Court of Human Rights; Constitutional Court; Euro-Atlantic integrations;

Summary/Abstract: A large number of provisions of the BiH Constitution are not in line with modern democratic standards. Their acceptance is justified by the legitimate aim of ending the war. It is, primarily, about the provisions guaranteeing the privileged position of the representatives of the constituent peoples in power, regardless of the election results, and about the systemic discrimination of those who do not declare themselves as members of those peoples. These solutions have been reflected in a political structure that is dominated by ethnic parties. With their legitimate support to ethnic interests, they deepen inter-ethnic conflicts. An undemocratic and inefficient system contributes to BiH being behind other countries in all parameters of quality of life. The constitutional arrangements generate a permanent crisis. Reform of the Constitution is necessary and urgently needed. The European Commission, the judgments of the European Court of Human Rights and the Constitutional Court of BiH have indicated the goals and content of this reform. Without the reform, there is no progress in Euro-Atlantic integrations. A new methodology must be applied in making the changes.

  • Issue Year: 2020
  • Issue No: 01+02
  • Page Range: 138-144
  • Page Count: 7
  • Language: Bosnian