Pravni i politički aspekti osnovnog ugovora između Bosne i Hercegovine i Srpske pravoslavne crkve
Legal and Political Aspects of the Basic Agreement between Bosnia and Herzegovina and the Serbian Orthodox Church

Author(s): Ermin Veličanin
Subject(s): Politics / Political Sciences, Politics and religion, Eastern Orthodoxy
Published by: Naučnoistraživački institut »Ibn Sina«
Keywords: Serbian Orthodox Church; Bosnia and Herzegovina; Basic Agreement; secularism; religious freedom; legal equality; sovereignty;
Summary/Abstract: This paper analyzes the legal and political aspects of the Basic Agreement between Bosnia and Herzegovina and the Serbian Orthodox Church (SPC), signed in 2007. Through a normative and analytical perspective, the paper discusses the legal nature of the agreement, its relationship to constitutional and legal norms, as well as the practical consequences of its provisions concerning secularism, equality of religious communities, and the sovereignty of the state. Special attention is paid to the institutional privileges granted to the SPC by this agreement, as well as examples of violations of the agreement provisions and the laws of BiH by the SPC. The dilemma is whether the Agreement, although formally based on the principles of freedom of religion, creates a legal and political imbalance, and opens the possibility for legal review and the need for a systemic revision of relations between the state and religious communities in Bosnia and Herzegovina.

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