The Problems of Constitutionalism in Bosnia and Herzegovina
The Case of the Constitutional Court of Bosnia and Herzegovina
Goran Marković
Full Professor, Faculty of Law, University of East Sarajevo
The position of the Constitutional Court of Bosnia and Herzegovina is one of the most important constitutional issues in the country. The three most important issues are as follows: 1) the composition of the Court regarding the presence of foreign judges in it; 2) the method of election of judges; and 3) the methods of decision-making. The purpose of this work is to analyse some of these issues in light of new developments regarding the Court. Namely, although composed of nine judges, the Court now functions with only six judges, which can be lowered to five or even four soon. If this happens, the Court could not function at all. Therefore, different factors contributed to the solution of this dangerous situation. The analysis of the Opinion of the Venice Commission, however, shows that its ideas have to be criticised for their essentially political content and the Commission’s political approach to the issue.
Keywords: Venice Commission; Bosnia and Herzegovina; Constitutional Court; Judges; Constitution Rules of the Constitutional Court
