CRITICISM OF THE CONSTITUTIONAL ORGANIZATION OF B&H

Abstract

The Constitution of B&H and Annex IV of the General Framework Agreement for Peace in Bosnia and Herzegovina is the highest legal and political act in B&H. This document ended the war, and at the same time it is the basis of polity, and a path of further development of B&H. Through analysis of constitutional norms of different types and levels of the B&H government, especially its structure, the author concludes that certain regulations about common presence of civil and national elements are not consistent. The author highlights urgency to change the Constitution, and he elaborates on different de lege ferenda suggestions for future constitutional solutions. The author especially highlights that the Constitution of Bosnia and Herzegovina is based on such premises which with its adequate application and changing should gradually enable an appropriate legal system which will affirm the sovereignty of Bosnia’s citizens, achieve equality of constitutive peoples in the whole Bosnia and Herzegovina, and adequately protect rights of national minorities.