Constitutional Reform in Bosnia and Herzegovina: Does the Road to Confederation go through the EU?

Abstract

This article considers Bosnia and Herzegovina (BiH)'s constitutional reform path options following the 20-year anniversary of the Dayton Agreement that ended the war. The need for substantive structural and constitutional reform has not gone away, and there is an open question on whether and how Euro-Atlantic integration processes might influence reform outcomes. First, a brief review of constitutional reform efforts to date is presented. Second, arguments for and against constitutional reform in BiH are summarized. Next, some characteristics of federal and confederal systems are introduced to frame discussions on BiH decision-making capabilities, and the role of the state vs lower levels of government. This includes a discussion on the issue of a BiH ‘coordination mechanism’ to manage EU integration, and whether or not the state might need some sort of supremacy clause. The article closes with some musings on the apparent trajectory of the country. The case of BiH is not sui generis, and can contribute to the literature and potentially influence policy-makers interested in the implementation and possible re-negotiation of peace treaties and constitutions – issues relevant to any countries emerging from divisive, violent conflict.