Grad Mostar i Bosna i Hercegovina : ustavno-pravna kritika nedemokratskog stanja
City of Mostar and Bosnia and Herzegovina: Constitutional Criticism of an Undemocratic State

Author(s): Dženeta Omerdić, Zlatan Begić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Governance
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to freeelections; Discrimination; Rule of law; Constitutional Court of Bosnia and Herzegovina; European Court of Human Rights; Legal gap;
Summary/Abstract: Judgement of the European Court of Human Rights (ECtHR) an the case of Baralija v. Bosnia and Herzegovina holds several important points. Under the surface, different layers are visible, pointing to the deficiencies in the general state of rule of law in Bosnia and Herzegovina. The core issue, as identified by the ECtHR is one of non-compliance with the final and binding decision adopted by the Constitutional Court of Bosnia and Herzegovina, resulting in a legal void, which has left residents of Mostar without the possibility to fulfill their rights to free, democratic and periodical elections. However the most interesting part of the EctHR's reasoning might be the view which the EctHR holds in regards to the position and the power of the Constitutional Court of Bosnia and Herzegovina to step in and play an active role, giving solutions, albeit temporary, in form of "interim arrangements". This article offers an overview of the background of "Mostar case", as well as the ECtHR's reasoning and purported position of Constitutional Court of Bosnia and Herzegovina.

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