Does Bosnia and Herzegovina need a single supreme court: a contribution to the debate Cover Image

Treba li Bosni i Hercegovini jedan vrhovni sud: prilog raspravi
Does Bosnia and Herzegovina need a single supreme court: a contribution to the debate

Author(s): Goran Marković
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Government/Political systems, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional court; BiH; Supreme Court; debate; necessity; government; judiciary;
Summary/Abstract: In the professional and scientific public, as well as among the political elite, for a long time there is a discussion about whether BH needs Supreme Court and what is the possibility to establish it. It is clear that the possible establishment of the mentioned institution can come out only by revision of BH Constitution, by which it have to be stipulated its jurisdiction and procedure of selection of judges. Discussion about establishment of Supreme Court of BH or modification of jurisdiction of existing BH court must start from determining the nature of state organization of Bosnia and Herzegovina. If we start form the compound state structure and its, basically federal government structure, it becomes clear that the judicial institution at state level needs to ensure harmony of applying laws and other state official documents. Due to the problem of the pluralism of legal system in BH, which is in harmony with principle of separation of powers and adopted Federal principle, it is clear that judicial authority on state level must ensure the protection of the state legal system, while the entities, trough the tree level structure judicial authorities, would continue to protect their legal system and harmonization of judicial practice regarding implementation of entities’ law.

  • Page Count: 10
  • Publication Year: 2011
  • Language: Serbian