Consociation As an Impediment to EU Accession

CEU eTD Collection Submitted to Consociation as an Impediment In partialIn fulfillment oftherequirements for the degree ofMaster ofArts

The CaseThe ofBosnia Supervisor:Professor Daniel Smilov Department ofLegal Studies CentralEuropean University Budapest,Hungary Kenan IdrizovicKenan 2013 By

andHerzegovina

to EUAccession

CEU eTD Collection solutionomnipotent t short falls science political where however, Herzegovina; and Bosnia of EU. the to accede decision Court’s accession arrange consociational d issue. political country excellence the of par framework a as out stand and ambit this within p of interest upon predicated and contingent are They ABSTRACT e l i v e r e princip The d

to the European Union. Union. European the to ‘ edc n Finci and Sejdic ltcl cec. ona n Hreoia n is osiuinl rmwr fall framework constitutional its and Herzegovina and Bosnia science. olitical

on It does not purport the judgment to be the answer to overly complex issue complex overly to answer the be to judgment the purport not does It al –

h faie osiuinl tt bidn capacity building state constitutional fragile the internationalintervention court’s rmss f oscainl osiuinl rmwr ae exhaustive. are framework constitutional consociational of premises ment of the country the of ment w a s ’

f u decision; r t The following discussion analyses the impact of impact the analyses discussion following The h e r

s t r

h decision the – i n a

one e i d of center the at are which factors of number

w ,

incapable of providing a bare minimum for minimum bare a providing of incapable h e n

h may bemaytheway forward

rae a e calne o the to challenge new a created European Court of Human Right Human of Court European

n is aaiy to capacity its and o advance advance o h constitutional The .

the Sejdic the a fresh, s

CEU eTD Collection BIBLIOGRAPHY CONCLUSION 3CHAPTER 3. 2CHAPTER 2. 1CHAPTER 1. INTRODUCTION ABSTRACT TABLE CONTENTSOF 3.3 SejdicDecisionFinci3.3 and BosniaHerzegovina’s and3.2 paththe into CouncilofEurope BosnianConsociationalJudiciary3.1 AssistedConsociation2.3 StrengthsWeaknesses 2.2 and MainPrinciples2.1 Ideas and BosnianConstitutional1.2 Framework ChronologytheConflict1.1 of

......

...... – – –

CONSOCIATIONALDEMOCRACY JUDICIARYA WAYASFORWARD

BOSNIAHERZEGOVINAAND ......

......

...... ii

......

32 30 26 25 22 22 18 16 13 13 7 5 5 1 i

CEU eTD Collection 4 2011 Sarajevo Analitika, Engineering? Constitutional 24,pg.New/Old Stojanovic, and Bosnia Herzegovina 3 2009 Chamber, 2 1 Herzegovina Council Bosniaand of doubtvoluntary accession casts Europe of to the of nature arrangements. consociational the of review judicial express discussion elaborate an in authors negotiatin potential of proposition its namely discussion. framew legal consociational country’s the concerns, of spectrum wide a covers decision the of work critical prolific The equally Rights Human on Convention European the with state member Europe of Council the of constitution ‘ democracy. liberal modern a as constitute country’ the of light in situation the of complexity S with scientists political and practitioners theorist, legal today past INTRODUCTION

ECtHR Courts and Consociations, Christopher McCrudden and Brendan O’Leary, March 24, 2012. 24,March O’Leary, Brendan and McCrudden Christopher Consociations, Courts and opinion in dissenting partly and inconcurring partlyher makesreference Mijovic Judge Sejdic ofEurope Council of organthe judicial the Rights, of Court Human European trasbourg

mark . . and Finci v. Bosnia and Herzegovina, Applications nos. 27996/06 and 34836/06, 34836/06, and nos.27996/06 Applications Herzegovina, and v.Bosnia Finci and 3 1992 The forward forward The invokes invariably context any in Herzegovina and Bosnia about Discussion

constitutional lawyers constitutional ’ or ’ h dcso sakd tr discu stark sparked decision The g processes in situations similar to that of war of that to similar situations in processes g d y h amd ofit rmnse o wih dominate which of reminisces conflict, armed the by ed

Court - ‘

95 war 1995 C ourt 1

’ by ) took upon itself an unprecedented task of task unprecedented an itself upon took ) , Applications nos. Applications ,

work

its its

n ona n Herzegovina and Bosnia in Sejdic addresses ork

for its implications on the constitutional system of the country. the of system constitutional the on implications its for

and ethnocratic structure coming back into the center of the of center the into back coming structure ethnocratic and n Finci and

27996/06 and 34836/06, 34836/06, and 27996/06 negative

Mc Crudden Crudden The European Court of Human of Court European The so ad cr and ssion 2

hi setcs twrs h EtR hne in change ECtHR the towards skepticism their decision has has decision mlctos f the of implications 1

s constitutional framework and its effort to effort its and framework constitutional s and

a cetd e raiis n presented and realities new created has s a As

tcs aog oiia sinit but scientists political among iticism O’Leary ECtHR - time Bosnia and Herzegovina. The Herzegovina. and Bosnia time o esd bt rather but eased, not

a oneagmn I sug I counterargument

, Grand Chamber, 2009; Hodzic and and 2009; Hodzic Chamber, Grand , reviewing the compatibility of of compatibility the reviewing new set of challenges. challenges. of set new 4

Court criticism

h cutys agenda country’s the s eiin to decision ’s

ECtHR Sejdic and Finci v. v. andSejdic Finci Rights (hereinafter Rights

of Sejdic , Grand , de t the to added its recent its et tha gest

peace Court, The

of - t

CEU eTD Collection 8 orCroat. Serb Bosniak, as notdo declare 7 has ended. Herzegovina and in Bosnia war the which by agreement 2005; aninternational inDecember 6 5 internationalhumanrightsof institutions.” others of category a created has framework constitutional transitional a as envisaged agreement, was this however, Agreement Dayton the that commentators of minimum bare a providing framework constitutional the cleavages, ethnic sharp by marked is country The establishe alone let Herzegovina and Bosnia a political domestic when Convention the by for provided Court ECtHR in negotiations nega possible of suggestions while accounted has community international by influence or coercion no Herzegovina, and Bosnia in currently as is arrangements consociational on

Supra note 4 note Supra Others DaytonAgreement on Convention European status quo status

the skepticism advanced by McCrudden by advanced skepticism the s eiin s motn nt ny f only not important is decision ’s 7 , and thus created a conflict with “global justice and and justice “global with conflict a created thus and , – Th is without effect unless the societ the unless effect without is

Under the Annex 4 ofDa 4 the the Annex Under esig icsin s otmoay s ery 8 er atr h reconstitution the after years 18 nearly as contemporary is discussion ensuing e

for

oite sfeig rm tnc ofit ae plausible, are conflicts ethnic from suffering societies –

the country’s decision to accede to the Council of Europe. Consequently, Europe. of Council the to accede to decision country’s the The General Framework Agreement for Peace in Bosnia and Herzegovina, signed in Paris Paris in signed Herzegovina, and Bosnia in forPeace Agreement Framework TheGeneral d done

itself as a service of its its of service a as itself t itne purpose intended its Human Rights Human

elites, disinterested in change and change in disinterested elites, has hardly managed to resolve any of the issues that led to the war the to led that issues the of any resolve to managed hardly has hog cntttn te onr o cnoitoa principles consociational on country the constituting through

; a 5 yton Agreement, others are all citizens of Bosnia and Herzegovina who Herzegovina and ofBosnia citizensall are others yton Agreement,

voluntary nature nature voluntary it serves as an impetus for constitutional change in situation in change constitutional for impetus an as serves it

ie mlctos of implications tive ies in question join question in ies 6 8 o te set f rtcin f ua rgt as rights human of protection of aspect the rom

has managed to stop the bloodshed the stop to managed has .

people and and hr i a omn osnu aog the among consensus common a is There 2

O’Leary. One of the basic premises of any of premises basic the of One O’Leary. of

–

change a modern, well modern,

self

the liberal individual preferences individual liberal the h ECtHR the

in the -

entrenched decide to maintain to decide entrenched the system. system. the organization - functioni

h dcso o the of decision the decision decision In situations such situations In .

ng democracy. ng in Moreover, the Moreover,

the country the on

peace . The – ;

CEU eTD Collection 9 harnessing in strengths its arrangement, consociational behind ideas and principles main the He and Bosnia about issue in unity eco rights, human of spheres in people European the title thesis requirem accession of light in relation their and Herzegovina and Bosnia or generis a being Herzegovina and Bosnia for possible and necessary where situations to limited the for decision ECtHR the pol of implications of issue debated the to solution conclusive consociational mechanismshumanindividualrights. and on based decision, the of implementation for proposals of set practical a is work Their federalization. cultural thought legal constitutional ethno collective, favoring system constitutional Union sy p

Hodzic and Stojanovic, pg. 24, New/Old Constitutional Engineering? Analitika, Sarajevo 2011 Sarajevo Analitika, Engineering? Constitutional New/Old 24, pg. Stojanovic, and Hodzic ltcl rights olitical stem, a one that is clearlyis that one a stem, Sejdic and Finci and Sejdic tcl rcse ad tblt i te country. the in stability and processes itical

. . ofconsociationalismofrolethe courts andtransformation in of consociations. Te usin of question The . Theoftheonthethesisis focus means breaking judicialof for thepolitical impasse. h ppr s tutrdi ta i offers it that in structured is paper The it that in is workthis of contribution The of to attempt not does it that in scope its in limited is work forward The of implementation for modalities Various in constitutional sense. sense. constitutional in

uses the EU as a catch a as EU the uses in

, and o and , ‘ edc n Finci and Sejdic rzegovina second discusses The constitutionalframework. its chapter and

how to reconcile the ECtHR affirmed affirmed ECtHR the reconcile to how comparative study of countries countries of study comparative ffers fresh arguments fresh ffers not suitable not Hdi ad Stojanovic and Hodzic .

Furthermor - all synonym all ’

are for

entering , it does not take to analyze t analyze to take not does it , pwru to fr imnln consociational dismantling for tool powerful a 3

- for it symoblizing it for dominated elites is a par a is elites dominated further discusses discusses further a in favor of the ECtHR the of favor in h cmaaie prah n h ppr is paper the in approach comparative The Sejdic and Finci and Sejdic general

nomic progress and political stability political and progress nomic Bosnia and Herzegov and Bosnia 9

ugs trioil nta o ethno of instead territorial suggest

historical ih iia cnlc between conflict similar with niiul rights individual implications

the best of the tradition of tradition the of best the have been suggested. suggested. been have

akrud information background

jurisprudence jurisprudence amount challenge amount he ina ents. As a As ents. European Union European

in the European the in

of the decision the of

gis the against

caveat on the on e a fer

The and

sui sui to - ,

CEU eTD Collection democracies.consociational guarantee safe are it from obl and Europe of Council the in membership Herzegovina.Its and Bosnia Herzegovina. and Bosnia for it from the discusses chapter righ human of sense in limitations the also but groups, divided among violence

decision of the ECtHR in ECtHR the of decision s

o progressive for In Con In , a suggests research the clusion,

4 f o efcie rtcin f ua rgt in rights human of protection effective not if

Sejdic and Finci and Sejdic , and obligations that follow that obligations and igations that follow that igations

way forward for forward way ts. The next The ts.

CEU eTD Collection 13 12 11 1991, 10 17.4% 31 third one when situation in choice, simple a being what within Herzegovina.Bosnia and minority. Serb and majority Croat ethnic of composed was population Croatia’s the of majority the Slovenians, of comprised mostly territory, homogenous highly ethnically was which Slovenia means. forceful by secession stop to attempted authorities federal the when ensued had conflict armed brief A state. the from independence its proclaimed has federation the within republic standing Yugo of disintegration of result a as Yugoslavia of Republic Federal Socialist 1.1 relevant intheories lawfield of chapter is open of Thean Bosnia case times. war post and pre socio also but CHAPTER 1. 1

Ethnic name for Bosniaks under the Constitution ofSocia underthe Constitution Bosniaks for name Ethnic Id. Id. Federati Herzegovina, Bosniaand Chronology of theof Conflict Chronology

source: source: 11 Bosnia and Herzegovina faced faced Herzegovina and Bosnia a is Herzegovina and Bosnia Herzegovin and Bosnia of complexity of account full The

ethnic Croat ethnic

This resulted in a war which in its length and intensity at times resembled that in that resembled times at intensity and length its in which war a in resulted This http://www.fzs.ba/Dem/Popis/NacPopE.htm left of former Yugoslavia, or formerYugoslavia, of left - political and human rights human and political Th e –

, lvnas xml ws olwd by followed was example Slovenia’s

and 43.5% and BOSNIAAND HERZEGOVINA

on of Bosnia and Herzegovina, Federal Office of Statistics; Census Results Census ofStatistics; Office Federal onHerzegovina, and ofBosnia

and l and 12

ethnic Muslim ethnic egal science.egal slav federation which started when Slovenia, an equally an Slovenia, when started which federation slav sovereign state sovereign with

pursuing its own fut own pursuingits p in March 1992. March in erspective

new realities was left with a cho a with left was realities new 5

list Federal Republic of Yugoslavia of1974. ofYugoslavia Republic Federal list 13 , the country faced a situation in which it which in situation a faced country the ,

which gained its independence from from independence its gained which

is not possible without reference to the to reference without possible not is . 2 The act of independence has come has independence of act The % rai n umr 91 Unlike 1991. summer in Croatia 10

ure as a new state. Far from this from Far newstate. a as ure which which challenges many existing

f ouain s tnc Serb, ethnic is population of a, both from constitutional, from both a, ice of remaining of ice

the

CEU eTD Collection 19 18 17 16 Bosnia in Independence 15 14 as community international 1992 April countries European the by state Assembly member General a as Nations United the to admitted was country the Nevertheless, date.upconstitutionalagenda to conti which of consequences event, the surrounding circumstances legitimacy referendum’s the to Herzegovina and Bosnia in Serbs of majority % 99.7 referendum; 63.4% 1992. 1, March and 29 February on int under the Bosnia of of Republic citizens Socialist all which in referendum organize and guarantees “provide to: state the of the before request prong Community. European the the upon contingent was recognition The state. independent its elect led to has Bosnians lead have Croatia lines. ethnical identical and nearly along representatives Slovenia in elections general the with failed

The text of the UN Resolution A/RES/46/237, A/RES/46/237, Resolution ofUN The the text Id. Id. Id. 102 Europe, in Cooperation and Securityon Commission 1996; 16, Report No. Bosnia ICG Group, Crisis International

at 21at 10at

to find to olwn resul Following h nw democratically new the

ernational supervision.” ernational . h svrt ad h caatr f h wr ae oe o h atnin f the of attention the to come have war the of character the and severity The

a compromise. including Russian Federation Russian including resolution 18 –

Herzegovina February 29 February Herzegovina

of those of s f h rfrnu te a had war the referendum the of ts

Socialist Republic of Bosnia and Herzegovina. It has been requested been has It Herzegovina. and Bosnia of Republic Socialist 15 early as in 1992. Number of international judicial instances and and instances judicial international of Number 1992. in as early

The

Herzegovina would participate and which would be conducted be would which and participate would Herzegovina 19 Demise of the S the of Demise

. It is beyond the scope of this paper to discuss in detail the detail in discuss to paper this of scope the beyond is It .

voted for the for voted

n M on 16 lce gvrmn t se itrainl reco international seek to government elected

uoen omnt Abtain omsin e a two a set Commission Arbitration Community European

Having met the met Having y 2 1992. 22, ay http://www.un.org/documents/ga/res/46/a46r237.htm – 17

March 1, 1992. 1, March ha state independence state

6 ocialist Federal Republic of Yugoslavia along Yugoslavia of Republic Federal ocialist fteeiil oeshv atcptdi the in participated have voters eligible the of

nd have recognized Bosnia and Herzegovina and Bosnia recognized have shadow a casting referendum, the boycotted

Congress, 1 Congress, conditions, the referendum was organized was referendum the conditions, 14

h Uie Sae ad h mjrt of majority the and States United The

The disintegration of the federal state federal the of disintegration The

fulfillment of conditions set by set conditions of fulfillment Session, The Referendum on Referendum The Session,

rk ot n h country. the in out broke .

It is important to not to important is It nue to dominate the state’s the dominate to nue nto a an as gnition

e that e in - CEU eTD Collection 2005, inNovember Ohio Dayton, Croatia in Serbiaand andHerzegovina, ofBosnia presidents the by agreed ended, has Herzegovina 22 Peace inPost Engineering Constitutional 2012, SofíaSebastián, 21 20 the suggested, authors the of one As ground. the on people the of needs the serve to meant i draft not did Herzegovina and Bosnia of people The peace. the negotiate to constituencies 1995, count the in war ethnic bloody the to end an put to community international 1.2 partin taking countries by confirmed been has Bosnia in war the in Croatia and Serbia of role crucial the and inter of leadership political on Croatia and Serbia from particularly countries, neighboring the from heavy influence A interests. own its define to free left were country the of elites political the times crucial are composition ethnic its theBosniakagainstpopulationin Bosnia. theeastern human the of violations the gravestof the for responsible those prosecuting defining on working actively are organizations „ The General Framework Agreement for Peace”, an international agreement by which the war in Bosnia and and in Bosnia war the which by agreement an international Peace”, for Agreement Framework The General „ James O’Brien, O’Brien, James onConstitut the observations his in Bildt Carl Bosnian Constitutional Framework Bosnian Constitutional - keeping,597 19:5, ethnos relations. ethnos presidents of Bosnia, Serbia and Croatia and Serbia Bosnia, of presidents tra lw icuig h genocide the including law, itarian The constitution of Bosnia and and Bosnia of constitution The The

position of Bosnia and Herzegovina as a republic within federal Yugoslavia and Yugoslavia federal within republic a as Herzegovina and Bosnia of position the two respective ethnos in Bosnia and Herzegovina had had Herzegovina and Bosnia in ethnos respective two the agreement was both “a forward “a both was agreement ‘The Dayton Agreement in Bosnia: Durable Cease Durable Bosnia: Agreement in Dayton ‘The

and signed in Paris, France in December 2005. FranceDecember in in Paris, signed and -

611 The dependency of the political leadership of Bosnian Serbs and Croats and Serbs Bosnian of leadership political the dependencyof The thenegotiationspeacein 1995.

f or proper understanding of understanding proper or

“It was to be a constitution by international decree.” international by constitution a be to was “It ion of Bosnia and Herzegovina, 1998, pg. 139 pg. 1998, and ofBosnia Herzegovina, ion ezgvn hs oe bu as about come has Herzegovina ,

eptae b te ona Sr amd forces armed Serb Bosnian the by perpetrated 7 -

- gather were looking effort to resolve the war’s underlying war’s the resolve to effort looking Dayton Bosnia and Herzegovina, International Herzegovina, and Bosnia Dayton

n documenting and

t nor did they ever ratify it ratify ever they did nor t

- Fire, Permanent Negotiation, quoted byquoted Negotiation, Fire,Permanent ed

in Dayton, Ohio, away from its from away Ohio, Dayton, in

the

subsequent events. events. subsequent and war of character the laws of war, of laws further further

an an ry. In autumn of autumn In ry.

21 fot f the of effort

international ; yet, it was it yet, ; of of exacerbated exacerbated Dayton

At no At these these 22 20

CEU eTD Collection 27 http://www.ohr.int/dpa/default.asp?content_id=372 26 Croats. and Bosniaks between 25 24 andBosniaHerzegovina v. 23 correctly O’Leary stipul not did text the of in Rights Human of Court key the become eventually rights.” human than rather building “state on was focus the Instead, country. the for solution permanent a as envisaged never peo “constituent of category a introduced preamble Herzegovina and Bosnia two a created It country. the of picture ethnic full count into take scientists political among known power is as of or sharing, that was arrangement constitutional new the behind principle underlying The organized Herzegovina and Bosnia of name new the under albeit state, recognized internationally as Herzegovina and Bosnia of Republic obvioustowaygivepriority ending blood of ground. realities onthe recognizedthe constitution referen by either ground onthe legitimized by been people never has the land the highest lawof the as remains, tensions. these on exploiting depended a looking backward a and tensions

Bosnia’s Gordian Knot: Constitutional Reform Crisis Group Europe Briefing N°68 Briefing Europe Group Crisis Reform Constitutional GordianKnot: Bosnia’s ThePrea war ofstoppingthe an aim with theduringwar 1994 in was created Herzegovina and ofBosnia Federation Annex 4, Peace, for Agreement Framework TheGeneral of case inthe Judgment Constitution, onDayton the Court TheStrasbourg SamoBardutzky, Dayton agreement w agreement Dayton As a result, result, a As mble of the General Framework Agreement for Peace, Annex 4, Peace, for Agreement Framework ofGeneral mblethe

in to

two Entities two dum, ratification in the parliament or other democratic means. Instead, the Instead, means. democratic other or parliament the in ratification dum, ate criteria for belonging to either of the ethnic groups. ethnic the of either to belonging for criteria ate observe,

the new Constitution Constitution new the , 22 December 2009 December 22 ,

, Federation , Sejdic and Finci v. Bosnia and Herzegovina and Bosnia v. Finci and Sejdic the constitution left out any objective criteria for determination of determination for criteria objective any out left constitution the level. highest the at discrimination the institutionalizing

ere ere politica

far from unaware of the inequalities the of unaware from far .

l 27 h sae ok ifrn trioil arrangement territorial different took state The rneet ht eand n epwrd esn who persons empowered and retained that rrangement

su ta cliae i te eiin f h European the of decision the in culminated that issue

” 25 h ise f ua ad oiia rgt irrh has hierarchy right political and human of issue The

However, the question of legitimacy of the agreementlegitimacythe questionof of the However,

of Bosnia and Herzegovina and Republic of Srpska. of Republic and Herzegovina and Bosnia of

( - ril 1 Article shed and securing peace inshedsecuringpeace and the country” 8

http://www.ohr.int/dpa/default.asp?content_id=372 “Demands oflegitimacy to democratic “Demands had ples” and “others”. and ples” –

24 oscain T consociation. )

a afre te otniy f the of continuity the affirmed has - tie created he r structure of people in people of structure r 26 ,

122012 July

in 2009 in The constitution was constitution The C

As McCrudden and McCrudden As nttto dd not did onstitution in this way this in Sejdic and Finci and Sejdic . The .

23 getting , creators

. The The The

- - CEU eTD Collection 30 Ukrainians and Turks Slovenians, Slovaks, Ruthenians, Russians, Itali Czechs, Montenegrins, Albanians, and Herzegovina: Bosnia in living minorities 17 are ofthere 12/03, BiH Gazette 29 28 Constitution is the explicit Assembly Parliamentary the and Herzegovina and Bosnia of presidency partite three both in powers veto given were people constituent The equality. individualized the of equal enhance to sought drafters the way this In privileges. of number nation,theisSlcasedominant Croatia,in as one have not does it since minorities of country and a “Bosnia as described points, sometimes tandem is Herzegovina the As Herzegovina. and Bosnia of Federation in Srbs and socio Entities. the or Herzegovina and Bosnia of level the majoritynor minorityneither make people Constitutionally, constituent Herzegovina. ofthe threemajoreither ethnicities. inter in born being of reasons the for who those M as (such ethnicities other to belonging those only not are these ethnicity of understanding its and Herzegovina and Bosnia of context C peoples” “constituent as Serbs and Croats religion. certain a to belongs or language necessary is groups three the of any Self ethnicity. one’s

nttto l hs nt elrn tesle as themselves declaring not those all onstitution Hodzic and Stojanovic, pg. 24, New/Old Constitutional Engineering? Analitika, Sarajevo 2011; pg. 49 2011; pg. Sarajevo Analitika, Engineering? Constitutional New/Old 24, pg. Stojanovic, and Hodzic Official Minorities, National the belongingto of Persons of Rights onProtection the Act to Accordingthe 25 note Supra - political and statistical terms Bosniaks and Croats Croats Bosniaks and terms statistical political and The Dayton agree Dayton The of account good a give Stojanovic and Hodzic ans, Jews, Hungarians, Macedonians, Germans, Poles, Romas, Romanians, Romas, Poles, Germans, Macedonians, Hungarians, Jews, ans,

classification is the only criteria only the is classification This is a result of a consociational principles built into the Constitution. the into built principles consociational a of result a is This ment institutionalized ethnicity, giving the major three ethnic groups ethnic three major the giving ethnicity, institutionalized ment in that it will be three representatives members, it be of will composed in that of the

It is of no relevance whether the person speaks certain speaks person the whether relevance no of is It ontenegr

Such the constitution speak constitution the Such oveniaor Bulgaria…” 28 9 . So who are are who So .

- ity among the three dominant ethnos, at cost at ethnos, dominant three the among ity ethnical marriages do not wish to declare to wish not do marriages ethnical i ns, Macedonians or Ruthenians or Macedonians ns, Bosniak Although they are not the minorities the not are they Although

and no acceptance by the the by acceptance no and make minority in Republic of Srpska,of in Republic minoritymake ocp o mnrt i Bo in minority of concept s Srs r ras are Croats or Serbs , the the 30 others

explicitly of Bosniaks, of explicitly

Acrig o the to According ? .

Article V of V Article members of members 29 ), but also but ), others snia and and snia at either at

. , in ,

as In - CEU eTD Collection 34 33 32 the http://www.ohr.int/dpa/default.asp?content_id=372 of one or Herzegovina and 31 Bosnia of citizens be not must however, judges, three remain The Federation. the of Representative of House the by selected Bosniaks, two and by of are selected the once Serbs (the Republic courts the of Assembly Srpska),twoCroats, of Cons the in mentioned Herzegovina. and Bosnia of Presidency the with consultation after Rights Human of Court European the of President the by appointed be shall Asse the by two while Herzegovina, and Bosnia of Federation the from Representatives of House the by selected be will which of Herzegovina. of composition peculiar a for provided framers law.” other all over priority have shall “These Protocols. the its and Freedoms Fundamental and Rights Human of protection of the for Convention European II Article protection. and rights of the of levels applicability direct a highest stipulates Constitution the of one offering one as considered interest. theagaindiscriminates national vital the of destructive as Parliamentary of Serbsofthe and declaring option Croats decision only a Assembly Bosniaks, no gives it as discriminating equally as is Constitution over the by declared be can veto interest national vital Bosni of Federation of territory the from election direct by member Croat and Bosniak and Srpska, of Republic of territory from elected directly be will member Serb A peoples. constituent

Supra note 30, Article VI: Constitutional Court, Art VI, §1(a) VI,Art Court, Constitutional VI: Article 30, note Supra II: Article 30, note Supra Id. Agre Framework The , Article IV: Parliamentary Assembly, Art IV,§3(e) Art Assembly, IV: Parliamentary Article , a and Herzegovina. and a As far as respect of human rights, the Constitution of Bosnia and Herzegovina can be can Herzegovina and Bosnia of Constitution the rights, human of respect as far As

According to the Article VI, the Court will be composed of nine members, four members, nine of composed be will Court the VI, Article the to According ement for Peace: Annex 4, Article V: Presidency, source: source: Presidency, V: 4, Article Annex Peace: for ement

titution. However, it is implied and in practice the case that two judges two that case the practice in and implied is it However, titution. Human Rights and Fundamental Freedoms Art II, §2 II, Art Freedoms Fundamental and Rights Human others 31

In situation when a decision cannot be achieved by consensus, a consensus, by achieved be cannot decision a when situation In

as the Constitutionasnos provides mbly of Republic of Srpska. The remaining three judges three remaining The Srpska. of Republic of mbly

34 h Cntttoa Cut f ona and Bosnia of Court Constitutional the h picpe f tnc representation ethnic of principle The

h ehiiy f h jde i nowhere is judges the of ethnicity The others - oe mme. ril I o the of IV Article member. voted 33

uch optionuchthem.to

t s o b acdn ta the that accident by not is It veto power. The ar The power. veto reos s otie i the in contained as freedoms

ticle gives ticle ing CEU eTD Collection andBosniaHerzeg v. 36 35 war post the in demonstrated clearly is arrangement constitutional this of futility The state. post The groups. ethnic The inequality. this of ampleexample an is Peoples of House and Presidency state the for election for stand to eligibility of requirement the stipulating Law Electoral the with along Constitution the of provisions peo of group significant left have little mechanisms a of is It groups. major Constitut three the that condolence the of domination the to subjugated clearly been culture a in collectivity as others peoplesconstituentupheld,is unlessthe threeforeign are convin judges the of of interest either vital legislationa no threatening that placeensure to in put was system power local This players. the to entrusted fully been not has framework constitutional consociational decision over control retains community international that so b The opinion. the share judges foreign suffice legislation, of piece any block can peoples constituent the of one to belonging country. the in court other any from arising matters for instance a an also is It Herzegovina. the and with Bosnia of Constitutions Constitution the including law, Entities’ the of any of compatibility of review of power a has Court Constitutional the Moreover, themselves. among Entities and Entities, be disputes in adjudicate to is It Constitution. the uphold to required countries. neighboring

Samo Bardutzky, The Strasbourg Court on the Dayton Constitution, Judgment in the case of case inthe Judgment Constitution, onDayton the Court TheStrasbourg SamoBardutzky, Id.

§1(b) . Even if it provided the the provided it if Even . It is clear from the letter of the Constitution that it made no effort to accommodate the accommodate to effort no made it that Constitution the of letter the from clear is It

is not a consequence of the concern for the rights of of rights the for concern the of consequence a not is ovina

, 22 December 2009, pg. 7 pg. 2009, December 22 , 35

- The Court’s jurisdiction is a typical of the constitutional court. It is It court. constitutional the of typical a is jurisdiction Court’s The atn ona n Hreoia s niae a a consociational a as envisaged is Herzegovina and Bosnia Dayton - religious

i on was envisaged as a transitional solution. Its power Its solution. transitional a as envisaged was on others

uilt ytm u i pae s h oecnend ih he major three with concerned one the is place in put system - in mechanism is a safeguard provided for by the framers the by for provided safeguard a is mechanism in

- with a veto power, it is clear that the that clear is it power, veto a with ethno sense. sense. ethno

l wtot oiia pwr. Restrictive powers. political without ple Others plae or, r h cut f last of court the or court, ppellate

as as - making in Bosnia. in making a constitutional category have have category constitutional a others ot motnl, judges importantly, Most ced. . Quite contrary, this contrary, Quite . we te tt and state the tween others

Sejdic and Finci and Sejdic 36

cannot exist cannot

Indeed, the Indeed, - sharing - CEU eTD Collection chapter.next wil weaknesses and strengths its and system this of features The failed. and Any period.

all efforts to restructure the state into the modern modern the into state the restructure to efforts all 12

liberal l be be l discussed democrac

y had had y in the in CEU eTD Collection Herzegovina; So Netherlands, the Austria, include of success 2005: Examples Jan 18 of Government, School F. Kennedy John Harvard, Work? 37 realistic a minimum, success.less or with more world the of parts Th instances. other of number to suitable be to model the claiming system, Dutch the of qualities political theory. the to contribution immense his for Lijphart 2.1 Herzegovina.and consociationalism of concept the into from country collec of that with individual of concept syst to due large and by is This rights. human of understanding h of potentials the acknowledges consti by only possible was this that true is It future. the for mechanisms some provide and state, new The country. the for frameworkcons constitutional new a was which of part package, force. of use by intervened 2. owever, consociational democracies are inherently at odds with liberal democracies and theirdemocracies liberaland with odds inherently areat consociational democracies owever,

Pipa Norris, Stable Democracy and Good Governance in Divided Society: Do Power Society: Divided in Governance Good and Democracy Norris,Stable Pipa CHAPTER2

Main Principles and Ideas MainPrinciples titution uin rfe on drafted tution oscainls i a oiia sine theory science political a is Consociationalism The

war war was designed to bring the bring to designed was

uth Africa, and failure: Colombia, Lebanon, Cyprus, Malaysia, Czechoslovakia and Bosnia and and Bosnia and Czechoslovakia Malaysia, Cyprus, Lebanon, Colombia, failure: and uthAfrica, e the family of modern liberal democracies. liberal modern of family the

cross in Bosnia and Herzegovina has ended only after the international community international the after only ended has Herzegovina and Bosnia in

– -

national CONSOCIATIONALDEMOCRACY … premises eteet civn te iet osnu aog l factions all among consensus widest the achieving settlement

hs cin a floe b a eiuosy eind peace designed meticulously a by followed was action This theory consociations

a be raiy mrcd n pt t ok n various in work at put and embraced readily been has

, but also discusses why discusses also but , war to an end, secure a minimum for functioning of the of minimumfunctioning for a secure end, an to war a tive political and human rights, thus alienating the alienating thus rights, human and political tive consociational 37

as effective tool in stopping of armed conflicts; armed of stopping in tool effective as “Power

Lijphart de Lijphart - sharing solutions can be regarded be can solutions sharing

The forward chapter offers an insight an offers chapter forward The ot frequently most

democracy it is it em’s inability to reconcile the reconcile to inability em’s ve loped

not a solution for Bosnia for solution a not . h cret resea current The

- sharing Institutions Institutions sharing a theory on basis of basis on theory a trbtd o Arend to attributed

as, at rch CEU eTD Collection 41 40 http://muse.jhu.edu/journals/journal_of_democracy/v015/15.2lijphart.html 39 38 cons This groups. the between agreement to subject are autonomy of extent and degree society, each a in government consociationalism. about talk to possible not is it legislative,whetherexecutive or judicial. Power state. create to undertake separate and distinct otherwise groups, necessaryarefeatures in another. to country one from differ and open remain other and rights human stability, political as such Issues system. a such of quality the of question society. a in democracy the of development the for necessary problem the for solution omnipotent democracy…” for problem grave a pose divisions societal th undisputed is it solutions, of spectrum the across addressed are critiques While Cou board. scien the power Lijphart As anew. been have works Scholarly post in engaged

Id. Designfor Constitutional Lijphart, Arend 2 at Norris,supra Lijphart, supra at 97 Lijphart,at supra

ociationsexist.to is - sharing concepts suitable for divided societies ahead of the theoreticians. theoreticians. the of ahead societies divided for suitable concepts sharing The second requirement Lijphart claims is necessary is autonomy; without autonomy without autonomy; is necessary is claims Lijphart requirement second The Power

always e tuge t etbih uiom e o picpe that principles of set uniform a establish to struggles ce tis ifr n ubr f ways of number in differ ntries - sharing secures the stake to each of the groups in ea in groups the of each to stake the secures sharing - sharing is the first requirement of the constitutional framework; in this way the the way this in framework; constitutional the of requirement first the is sharing -

conflict negotiations.” conflict

a public function. Belgium is a good example of lingual autonomy, but with but autonomy, lingual of example good a is Belgium function. public

otniu ise bt eetees te uooy s peeust for prerequisite a is autonomy the nevertheless, but issue, contentious lbrts n i work his in elaborates

classic classic around since 1960’s and Lijphart has expounded on the theory the on expounded has Lijphart and 1960’s since around

consociatio

is Divided 38 so delicate. It is clearly possible to provide a minimum a provide to clearlypossible is It delicate. so

This is not to say that Lijphart invented the concept. the invented Lijphart that say to not is This

ns: Societies, Project Muse, source: Muse,source: Project Societies,

n dvsos a eit ln ay ie line. given any along exist may divisions and 14

osiuinl ayr ad politicians and lawyers constitutional

hr ms eit n lmn o self of element an exist must There and operate joint institutions of the of institutions joint operate and 40

It is It codn t Lijphart to According ch segment of government, of segment ch t s l tgte different together all is It why an why are are plcbe cos the across applicable

effort to devise an devise to effort In any case, case, any In

t “deep at 41 devised , four - CEU eTD Collection democracies. liberal majoritarian in inclusiveness improvingat It aims mechanism. veto and proportionality prongs, of two last byabsence 42 oppos otherwise hand. at problem divided groups. peace the to threat a ( pose may or acceptable, or practicable not is dissolution of option stableachievingademocracy. ample an being Herzegovina and abo the successful of application for important extremely is country the of culture political of History division. the to preceded that experience constitutional and/or system political as such factors, other religious or lingual ethnic, Whether the of branches strongest the of government both or either to allocated be may use its as safeguard This violated. be will groups the of any of interest vital no veto of requirement The groups. the of each to proportionality. of requirement satisfy to is representation adequate an staffing, office of terms in Equally, intended. are funds the which for offices or functions various include may and consensus intend are resources the what for as principle firm no Again, resources. state the of allocation to also but institutions, common in representation locally or regionally or locally

Supra note 4 at 8, McCrudden and O’Leary speak of classic and semi ofclassic speak O’Leary and 8,McCrudden 4note at Supra h aoe rnils prt a mnmm f osbe n gvn iuto. W situation. given a in possible of minimum as operate principles above The stated already have I The requirement. third the is Proportionality fourth requ fourth –

legislativeexecutive. and It

is The

rus o oe oehr n truh h dmcai poes eie its define process democratic the through and together come to groups envisaged as a lasting mechanism, and notonly and lasting a mechanism, as envisaged

) , consociational constitutional arrangement serves as a buffer between buffer a as serves arrangement constitutional consociational , ve mentioned principles. Societies without democratic history democratic without Societies principles. mentioned ve irement of of irement oeta fr uue positive future for potential

that

no classic classic xml) r tu mc mr cmlctd ae for case complicated more much thus are example) two models of consoci of models two –

any consocia

f h division the of 15

is provided for provided is For proportionality it relates not only to the to only not relates it proportionality For tions

eeomns is n h opruiy of opportunity the in lies developments d Ti i te ujc o areet or agreement of subject the is This ed. 42

is -

s consociation. The latter is characteriz Thelatter consociation. granting of an explicit veto right veto explicit an of granting

ational democracy are identical. are democracy ational a frhr e opiae by complicated be further may

ehns i tuy powerful truly is mechanism as

an instant solution for the for solution instant an

essential guarantee that guarantee essential (Bosnia hen ed

CEU eTD Collection 43 Individual democracy. liberal modern of concept the with odds at is elections the in vote or power alternati plausible a of lack societies…” divided in adopted constit as consociationalism or scientists political either fact mean possible only the was country that fact the respect this In Herzegovina. and Bosnia 2.2 twosubheadingsfollowing detail.moreprovide on effects its of examination summarizes subheadingabove The authorities. byvarious advocated that are the conceptsof of all account withintheir domination autonomies. achieve. to difficult pro a making quo, statusthe maintain and entrench to elites the for incentive an as serves support popular of loss inter in quality new achieve dangers inherent are There interests. common

Lijphart, supra at 4 Lijphart,at supra

Strengths that no serious alternative to a consociational model has found fertile ground among among ground fertile found has model consociational a to alternative serious no that - shari t s n niptd at ht h Dyo Pae gemn hs tpe te a in war the stopped has Agreement Peace Dayton the that fact undisputed an is It consociationa ofa features the main of previewbrief The ng model leaves out whole group whole leavesout ngmodel the

and Weaknesses an etrs f cnoitoa dmcay ny o e te tg for stage the set to only democracy consociational a of features main

gress in defining a common policy among divided groups thus much more much thus groups divided among policy common a defining in gress

hs s u t te lcoa sse wih urnes tnc majorities ethnic guarantees which system electoral the to due is This “the only democratic model that appears to have much chance of being of chance much have to appears that model democratic only “the ve - group relations are often sanctioned by its own constituents. constituents. own its by sanctioned often are relations group ,

the than a result of the features built into the system. the into built features the of result a than 43

constitution

The strengths of consociationalism are rather a product of product a rather are consociationalism of strengths The

for achieving the peace the achieving for toa wies orbrts h saeet of statement the corroborates writers utional

of people without a chance to stand for an office an for stand to chance a without people of 16 al framework of Bosnia and Herzegovina. and Bosnia of framework al

this; political representatives who strive to strive who representatives political this; cnoitoa arneet f the of arrangement consociational a

is not to be underestimated. be to not is l democracynowhere fullis a l

The fact that fact The

The The The ist CEU eTD Collection 45 2005. Pluto Press, andHerzegovina, 44 theyears afterwar,theconstitutional frameworksuccumbed power the to attributed intra of consequences out and communal causes the entities; the and government central the between reasons several to this ascribes cooperate. to elites of intransigence normative a as describes Zahar what in manifested its and Herzegovina and Bosnia co of people the between disconnect complete a is there arrangement, consociational of favor in development historical a is there where Austria, or jus of question The privileges. allocated constitutionally on up give to unwilling groups, ruling of mentality to due is This rights. individual of of incapable are divisions psychological co issue. an and Bosnia as such country the of context historical ethno creates it as system, the in inherent is principles rights citizens. of framework groups various constitutional for protection a when crippled seriously is system sharing non and equality of meaning the of question a opening collectiverights to sacrificed is rightshuman of concept

Id. Marie nstitution untry

Joelle Zahar, The Dischotomy of International Mediation and Leader Intransigence: T Intransigence: Leader and Mediation International of The Zahar,Dischotomy Joelle ru The concept of liberal democracy as understood today is virtually impossible in t in impossible virtually is today understood as democracy liberal of concept The trd ln te tnc lines. ethnic the along ptured . The shortcomings of a power a shortcomingsof The - tice is not entertained in entertained not is tice idn; n te mat f tnc polarization.” ethnic of impact the and bidding; - iciiain n oscainl ytm. ua rgt apc o power of aspect rights Human systems. consociational in discrimination

- sharing nature o nature sharing

: “the nature of electoral institutions; institutions; electoral of nature “the : osat het f tnc afr, u as entrenched also but warfare, ethnic of threat constant case of Bosnia and Herzegovina and Bosnia of case

f the constitutional f constitutional the f giving a due deference to the concept and principles and concept the to deference due a giving - sharing system in Bosnia and Herzegovina are best are Herzegovina Bosnia and in sharingsystem hs eso bten oscain ad human and consociations between tension This 17 ep tnc laae ad ertra and territorial and cleavages ethnic Deep

Herzegovina, this becomes even more of more even becomes this Herzegovina, totime.of thechallenges the ramework, and it is true that 18 that true is it and ramework, - cultural 45

l o te bv cn be can above the of All elite h blne f power of balance the . Unlike Netherlands Unlike . .

When put in the in put When rae unequal creates he Case of Bosnia ofBosnia heCase 44

She he - - CEU eTD Collection AD2004004 Herzegovin 48 http://www.ohr.int/ohr Ja in disbanded (UNTAES; Slavonia ofEastern Administration Transitional UN (UNHCR), Refugees for Commissioner HighUN (UNHCHR), Rights for Human Co and Security for Organisation TreatyOrganisation Atlantic North (IMF), Fund Monetary International (ICTY), Yugoslavia former the for Tribunal Criminal International Cross(ICRC), of Red the Committee International Commission, ofEurope, Europea Council was issued), Award Finalthe 1999after in (dissolved Panel Arbitration Brcko Representative, High the of America; States United Saud Federation, Russian Romania, Portugal, Poland, Pakistan, Oman, Norway, Netherlands, Morocco, Malaysia, Luxembourg, Jordan, Italy,Japan, Ireland, Hungary, Greece, Germany, France, ofMacedonia, Republic of republics (now the of Yugoslavia Republic Federal Egypt, Denmark, Republic, Czech Croatia, May2000), in China(resigned Canada, Bulgaria, andHerzegovina, 47 http://www.ohr.int/dpa/default.asp?content_id=366 46 or amend cannot OHR the that in limited post. only perhaps civil is power a community’s international from incumbent an remove or appoint also but law, adopt has OHR The Herzegovina. and Bosnia for Union European the OHR. Council Implementation Peace Behind agreement. peace the of implementation civilian the of oversight with Agreement Peace Dayton the of X a being from Far supervision. protect international without survive not will Herzegovina and Bosnia in arrangement consociational that beginning the from understood Agreement Peace Representative High the of Office the of presence the by perplexed is arrangement consociational Bosnian system. the of functioning in mediators international of role of mentioning no make sharing cons of light in controversial 2.3 source: Implementation, on Civilian Agreement 10, Annex 30, note Supra European Commission for Democracy through Law, through Democracy for Commission European Im Peace Assisted Consociation Assisted i Arabia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and and Kingdom United Ukraine, Turkey, Switzerland, Sweden, Slovenia, Spain, Republic, Slovak i Arabia,

orate, there are many elements built into the agreement that suggest to this end. Annex end. this to suggest that agreement the into built elements many are there orate, The HighThe Representative The The plementation Council comprises 55 countries and organizations: organizations: and 55countries comprises Council plementation a and the Powers of the High Representative, March 2005, source: source: 2005, March ofthe Representative, High Powers the and a - en.pdf oe f nentoa cmuiy n ona n Hreoia s highly is Herzegovina and Bosnia in community international of role

(

hereinafter - info/gen

- info/#pic - ‘ operation in Europe (OSCE), United Nations (UN), UN High Commissioner Commissioner High UN (UN), United Nations (OSCE), in operation Europe OHR

cainl osiuinl rmwr. al wrs n power on works Early framework. constitutional ociational 47

concurrently holds a position of the Special of of Representative concurrently the position a holds

’ (hereinafter (hereinafter

provides for the Office of the High Representative charged charged Representative High the of Office the for provides or

the the n Bank for Reconstruction and Development (EBRD), European (EBRD), Development and Reconstruction Bankfor n ‘ High Representative High

Serbia and Montenegro), Finland, Former Yugoslav FormerYugoslav Finland, Montenegro), and Serbia 18 Opinion on the Constitutional Situation in Bosnia and and Bosnia in Situation onConstitutional the Opinion ‘ PIC

’ , cha ), nuary 1998) and the World Bank. Source: Bank.Source: World the and 1998) nuary gd ih oiia giac of guidance political with rged ’ Albania, Austria, Belgium, Bosnia Bosnia Belgium, Austria, Albania, ) . 46 http://www.coe.ba/pdf/CDL

The framers of the Dayton the of framers The vast powers in that it can it that in powers vast 48 (NATO), (NATO),

the OHR is the is OHR the h etn of extent The -

the - CEU eTD Collection 51 http://www.bihdaytonproject.com/?p=1597 50 http://www.ohr.int/decisions/archive.asp?m=&yr=2013&so=d&sa=on 49 community. often difficulties decisions OHR the OHR member the of language the among issues important on consensus of lack infrequent OHR the situation, this In groups. the of all for interest common a of decisions coming defining and parties together opposed the of that is democracy consociational of idea The country. the in groups political the of one of corroborators as community international the and OHR the rely elite dialogue bitterlyopposeSrpska of Republic from authorities time, same the At institutions. state strengthening in role its for OHR the of presence of favor in is leadership Herzegovina and Bosnia of Federation leaders. c and nature a underlines country the in community in times. 900 than more used extensively been have representative T Representative. High the by adopted decisions of number in summarized removememberofPresidencyeven the a statethe office. from Representativ High the however, constitution; new enact

Supra note 42, pg. 124 pg. 42, note Supra source: 2012, 10, November Ills, Bosnia’s for Representative High Blames Dodik Project, BiHDayton source: Decisions, Representative’s All High Representative, of High Office the the the first years after the Dayton Peace Agreement. The issue of the role of the international the of role the of issue The Agreement. Peace Dayton the after years first ned i sie f h peiu eprec o consocia of experience previous the of spite in Indeed, best international perhaps be effectsand of extent the The community can involvement

on the dec the on is is not helping is not

heavily burdened by presence of the OHR. Bosniak and Bosniak OHR. the of presence by burdened heavily

associated with consociation with associated for the state of political affairs in the country the in affairs political of state the for isions of the OHR to achieve their political goals. This create This goals. political their achieve to OHR the of isions

is an

the process unfold as expected. Frustrations expected. unfold as process the

not always consistent with its actions its with consistent always not d criticize

itspresence

19 al model can be attributed attributed be can model al , accusing it of a politicalofaccusingita , violence.

haracter of divisions among the political the among divisions of haracter e can amend entity constitutions or constitutions entity amend can e

. Moreover, .

49 are such that that such are

This was in particular true particular in was This tionalism are

to a lesser extent Croat extent lesser a to

further exacerbated byfurther exacerbated The PIC. the of s to the implications of implications the he powers of high of powers he

, 51 the international the

a great deal of deal great a ona elite Bosnian s

50 an effect of effect an

CEU eTD Collection 53 597 19:5, Peacekeeping, 52 actuallymay create. it effect the on than reaction, its and community international the of reaction possible a of view a with formulated rather were groups respective the of each within defined policies this, internation bythe coercion and threat through rather but inside, from come not did it that fact the from suffers Herzegovina and Bosnia in success overall The cooperation. meaningful a in engage and over take to sides three the get to insufficient progressin achieve forces. stat the at formed were the in future country’s concern would talksthat partner forthe central a authority a as thatwanted in it EUwasinsistent The respect. str to necessary laws of enactment through basis legal state. the to assignedbe could competencies provide state, the of competencies enumerating while Constitution, Bosnian The ‘ (hereinafter Union European centere been have Herzegovina fo simply is Herzegovina and Bosnia and Srpska of Republic centralized with entities of federation com vastly is country society democratic stable a create

Supra note 30 note Supra in Post Engineering Constitutional 2012, SofíaSebastián, r a 4 million people country. country. people million 4 a r

Second effort of the international the of effort Second The

Dayton Peace Agreement and and Agreement Peace Dayton

the the -

611 plex, plex, e area of inter of area

level involving , including, but not limited to formation of a unified state armed state unified a of formation to limited not but including, ,

EU d on couple of strategies. of couple on d h peace The ’) -

too big of a financial, intellectual and political challenge political and intellectual financial, a of big too ethnic relations. The progress achieved in this sph this in progressachieved The relations. ethnic n ona n Hreoia Isiuinl ein f the of design Institutional Herzegovina. and Bosnia in had for its goal strengthening of the centra the of strengthening goal its for had

thirteen thirteen

EU. As a result of this effort, a number of institutions of number a effort, this of result a As EU. community sought to redesign electoral system and system electoral redesign to sought community the 53 - ulig fot i te post the in efforts building

different different 20 consociational model consociational The role of OHR was instrumental in creatingin ainstrumental was OHR of role The

- Dayton Bosnia and Herzegovina, International Herzegovina, and Bosnia Dayton government nte psto o te tt i this in state the of position engthen 52

The first strategy powered by the by powered strategy first The al community. In situation like situation community.In al s above municipal level municipal above s asymmetric

it instituted have instituted it - atn ona and Bosnia Dayton

eeain of Federation l institutions. l s

that that

failed to failed ere was ere further . A . CEU eTD Collection thewithECtHR. alongEurope of jurisprudencethe law. international area One country. the of future the for lost is hope all Not end. this to exhausted been have to capacity no showed combined the no Consociationalism of yielded situation Efforts the relax Herzegovina. and and secure to Bosnia community international in exercised and understood as democracy avail. no to but above, mentioned shortcoming the of most abolish framework, constitutional the improve to community international the of part on effort last one was leaders country the with destination muchit proclaimed towards country and 2006 in s

of law of

concep the towards reservations have to reasons many are There last Two

200 which have which 9

effo

respectively

The next chapter will address the country’s membership in the Council of Council the in membership country’s the address will chapter next The rt s

place of the international community to change constitution ha international constitution the tochange communityof

capacity in this respect respect this in capacity

. the country on its EU path. The constitutional depots of power of depots constitutional The path. EU its on country the The effort The ih protectorate with s

meant an effort to close the OHR and accelerate theaccelerate OHRand the to close effort an meant 21

– -

the EU. The EU and the US sponsored talk EUthesponsored The USandEU. the ie oes f h Hi the of powers like is

the the obligations of the country under the the under country the of obligations o consociational of t ulttv results. qualitative h Representative gh ve

been made been of the of s CEU eTD Collection 56 or Integration Societies: Divided for Design Constitutional 55 Herzegovina 54 uphold of duty involve “increasingly… point, O’Leary courts.” andrights human regional and international McCrudden as but domestic, to limited 3. Herzegovinaand transforming non for excuse an not compliance are framework objective constitutional its consociational alone as let such framework, hindrance Constitutional organization. the within issue an not well. as organization the for but country, the for only a as membership The test. final the to Herzegovina come democracyhave liberal modern, and Bosnia of restructuring the in invested beneficiaries.” efforts all important of most shortcomings [its] of “one as country the recognizes mechanism ‘ (hereinafter Europe of Council the Herzegovina, and Bosnia of case in Perhaps, organization. international an in membership country’s a of prism the through evaluated be to deserves CHAPTER 3. 3 o’ is CoE’)

Supra note 4 at 20 4note at Supra Pildes Richard of Council 1

Bosnian Consociational Judiciary Bosnian Consociational h courts The exhaustive The

one of of one – Europe, Rapporteur Group on Democracy, onDemocracy, Group Rapporteur Europe,

StrategyPaper with the Court’s decisions. Court’sthe with of

rig a , Ethnic identity and democratic institutions: A dynamic A institutions: democratic and identity Ethnic ,

n dsrmntr cnttto o te onr, o uh biain is with lies obligation such no country, the of constitution discriminatory ing nocmn o te ovnin urned rights. guaranteed Convention the of enforcement

d osiuinl scheme. constitutional id h ms important most the n oscainl ytm may system consociational in – courts maycourts as act

JUDICIARYAAS WAYFORWARD character of a consociational legal framework in post in framework legal consociational a of character ,

source:

https://wcd.coe.int/ViewDoc.jsp?id=951051&Site=COE

“unwinder

The forward chapte forwardThe nentoa organizations international

hs role This 22 Council of Europe co of Europe Council

56 Accommodation, 173,195 at Accommodation, of ethnic politicalethnic ofbargains.”

While Bosnian Constitutional Court has a has Court Constitutional Bosnian While ly n motn rol important an play

Enforcement of of Enforcement s important is r e r

perspective, in Sujit Choudhry, Sujit in perspective, xamines t xamines - operation with Bosnia and and Bosnia with operation

for it having an efficient efficient an having it for

n oscainl Bosnia consociational in

h ognzto also organization The the Court’s decision is decision Court’s the he role of role he poses

e. 54

- conflict societies conflict hs oe s not is role This

a challenge a h notori The

the courts the ous not

in -

CEU eTD Collection http://www.ccbh.ba/eng/odluke/ 63 intoforce entered May2008) of7 37/08 22and 2008 of April 33/082007, ofApril30 32/07 2006, of3April 24/062006, February of20 11/062005, of 7November 77/05 2005, of65/05September 20 2005, of2August 52/052005, 20/04of 2004, March of3 4/04 2002, ofSeptember 10 25/022002, 3 August of20/022002, May of3 9/02 10 2002, April of 7/02 nos. Gazette Official in published amendments 2001, 62 61 60 59 58 http://www.ohr.int/dpa/default.asp?content_id=372 57 instance the from Bosniak Pilav) theforstaterun P ICERD. of 5 Article and ECHR 12 the of 8 Article have to jurisdiction not found court The ground. inadmissibility on dismissed was ECHR 14 Article ( Discrimination Racial of forms Convention International the of 5 Article the of applicability direct 2006. in come of Assembly Parliamentary of Peoples of House and Presidency than more of discrimination ethnic of issue the entertained C the uphold to is it that Constitution Bosnian courts. international U Decision and Herzegovina, ofBosnia Court Constitutional U Decision and Herzegovina, ofBosnia Court Constitutional Constitutional Court of Bosnia and Herzegovina, Decision AP 2678/06, source: 2678/06,source: AP Decision andof Herzegovina, Court Bosnia Constitutional 2001(pu Act TheElection 3(a) 59, note Supra 2 59, note Supra C VI: 4, Article Annex Peace: for Agreement Framework The Electoral Law Electoral , an an , In the next case next the In challenge next The

s on 27 September 2001. on September 27

the Court found the appeal admissible, but rejected it on the merits. the on it rejected but admissible, appeal the found Court the appellant a 60 single instance. The first attempt to remove ineligibility of of ineligibility remove to attempt first The instance. single

in the caseinit for concerning territory

The The Electoral Law Electoral residency flows from Article VArticleflows fromtheresidency Constitution. of

with Article 25 ICCPR and Protocol 12 ECHR. Unlike the previous two previous the Unlike ECHR. 12 Protocol and ICCPR 25 Article with

whose right to stand in the election for the the for election the in stand to right whose case

of Republic of Srpska was deni was Srpska of Republic of 63 blished in Official Gazette of Bosnia and Herzegovina no. 23/01 of 19 September ofSeptember 19 23/01 no. ofHerzegovina and Bosnia Gazette in Official blished 58

before the Court the before

onstitution.

grounded on the on grounded 61

eoe the before 62

and its incompatibility with Article 3 of Protocol 1, Protocol 1, Protocol of 3 Article with incompatibility its and hereinafter ' hereinafter The Court found no violation violation no found Court The h Cntttoa Cut f ona n Herzeg and Bosnia of Court Constitutional The

a disputea domesticand between internationallaw. Court Court

(Party for Bosnia and Herzegovina and Mr. Il Mr. and Herzegovina and Bosnia for (Party

Article Article is explicit about the jurisdiction of the court in court the of jurisdiction the about explicit is ICERD 23

a euly nucsfl I cnend the concerned It unsuccessful. equally was others - - 13/05, source: source: 13/05, 5/04, source: II ' ) along with Article 3 of Protocol 1 and 1 Protocol of 3 Article with along ) onstitutional Court, source: source: Court, onstitutional 59 ed has challenged the compatibility of compatibility the challenged has ed

of the Bosnian Constitution claimed Constitution Bosnian the of ne te onr’ cnttto on constitution country’s the under

http://www.ccbh.ba/eng/odluke/ 17 May 2004, 25/05 of 25/05April 26 May2004, 17 http://www.ccbh.ba/eng/odluke/ Bosnia and Herzegovina had had Herzegovina and Bosnia Presidency for the inability of of inability the for on the Elimination of all of Elimination the on

others

of the country as country the of In its reasoning its In

to run for the for run to others

ovina i

jaz

CEU eTD Collection 2011. 2002and between 64 Il Mr. and ju foreign the of one of concurring opinion the at look to interesting is it respect this In lines. consociational anachron along or rights, political and human of notions basic respecting respect. one delicate a is norms of hierarchy of issue The negotiations. peace the during made elite Bosnian compromises of series a by explained against provision discriminatory its and V Article § II Article in explicit While Constitution. the of provisions different of nature conflicting the power the

David Feldman was a Vice President of the Constitutional Court of Bosnia an ofBosnia Court ofConstitutional the President FeldmanVice was a David Court justified the restriction on exercise of political rights by necessity of preservation of preservation of necessity by rights political of exercise on restriction the justified Court - sharing features offeaturestheultimatesharingcountry,an constitutional asgoal. thecircumstances.all in possible as effective as it make and inconsistencies, its all with Constitution, always of task are The objectives. and and They values conflicting values between, coherent. compromise a conflicting entirely are and by, never have shaped are to constitutions appear but Constitution objectives, I the ineffective. of wholly parts Constitution different the of part an makes important which decision a make properly cannot to Constitution’, Constitution this the ‘uphold of VI Article by required Court, Constitutional the view, h would It whatever. effect no with Constitution the of V Article left have would it appeal, their in succeeded appellants the Had Constitution. the of V Article of requirements unambiguous no courts the implem and or interpretation the Commission or Law a Election for permissible constitutionally not Central is It choice. the Law, Election the of drafters the leaves V Article that me to seems it Presidency, the for candidates treatme differential the remove to amended is Herzegovina and Bosnia of Constitution the of V Article when arrives) ever it (if time the Until to prompts Herzegovina and Bosnia of Court Constitutional the of jurisprudence The The challenge for the Court is in it in is Court the for challenge The i jaz Pilav jaz that rights as contained in the Convention will have priority over the domestic law, domestic the over priority have will Convention the in contained as rights that stices nain f Lw o e iety noptbe ih h epes and express the with incompatible directly be to Law a of entation 64 “( the Constitutional Court under Article VI is to give effect to the to effect give to is VI Article under Court Constitutional the

AP 2678/06): sitting on the panel in an appeal of appeal an in panel the on

ave been otiose, reduced to empty words. In my In words. empty to reduced otiose, been ave s jurisprudence, whether it it whether jurisprudence, s ,

24 and the Court does not have an easy task in this in task easy an have not does Court the and

others

„Party for Bosnia and Herzegovina and Bosnia for „Party

u counte run d Herzegovina and its judgeits and dHerzegovina

cet ht there that accept Ar r nt of potential of nt chooses

t i c istic e I I cn be can It II. le

to develop it develop to retrograde, , 2 is CEU eTD Collection http: state the 66 of incompatibility However, 65 2002. in CoE the of Assembly Parliamentary the Opinion the recognizedin was respect this in progressmade 2000. The 1996 and between Assembly ParliamentaryThe CoE. the of organs the byscrutiny close to subjected was Herzegovina and post the in rights human or law, of in talk hardly could one A CoE. the in and membership for requirements shown the of minimum was meet to undertake intent to communicated readiness the however, this; for ripe not was situation the 1995, in Clearly, Europe of the into Council path andHerzegovina’s Bosnia 3.2 outsidetheofrealm itself judicial activism. put had judiciary the this, by and Court, Constitutional the of decision the against recourse no constitutional arrangement. overturnrepugnantto basis theConstitution.uphold A on insisted he Instead, Constitution. rights. human itself protectorof as a assert Court’sConvention rights unwillingnessto the showing is poli burden unduly which restrictions, V Article making by and state, the in applicable directly are Constitution the of II Article the in provided as rights Convention the of guarantees The hands. its in rights political and human of matter the take

Co 3 VI, Article 30, note Supra //assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta02/EOPI234.htm u ncil of Europe, Parliamentary Assembly, Opinion No 234 (2002), source: source: 234(2002), No Opinion Assembly, ofParliamentary Europe, ncil The judge offered no explanation why upholding Article II would be contrary to the to contrary be would II Article upholding why explanation no offered judge The Bosnia and Herzegovina submitted its appli its submitted Herzegovina and Bosnia legal and act to have means doesCourt Thebethis. from inferred lesson can Important prone is opinion above The ad hoc ad

com

mittees observed four different elections, from municipal to state level, state to municipal from elections, different four observed mittees

- to criticism for it showing unwillingness of the Cou the of unwillingness showing it for criticism to war country. On its way to the CoE membership Bosnia membership CoE the to way its On country. war

rticle VI rticle an affirmative way about democratic institutions, rule institutions, democratic about way affirmative an

stipulations which require of the Court to Court the of require which stipulations cation for membership in the CoE in 1995. in CoE the in membership for cation The legislature and the executiv the legislatureandThe tical rights prevail over the the over prevail rights tical

e have e 66 rt to rt

of CEU eTD Collection 2009 Chamber, 69 68 67 thetoConvention. 12 Protocol the of violation the finding delivered Court the decision first the was this Moreover, time first the for it that in ECtHR the of side the from important is case The Herzegovina. and Bosnia in discussion political all of point focal central become has ECtHR the with applications separate two as originated which of framework constitutional the concerning order highest 2009, 22, December of ECtHR 3.3 ECtHRthe before i set; was stage The 2002. constitution. state CoE. the to accession Law Electoral The necessary; where it revise to and standards, Europe of Council of light the in legislation thro Democracy for Commission European the “ countrythe before put was request special a standards, CoE the with alignment its and legislation local the of examination of requirement state the of that to levels entity from authority of transfer for need further a stressed Opinion the in CoE the of Assembly Parliamentary The start. the from instit

Sejdic and Finci v. Bosnia and Herzegovina, Applications nos. 27996/06 and 34836/06, 34836/06, and nos.27996/06 Applications Herzegovina, and v.Bosnia Finci Sejdic and Id. Id. Sejdic and Finci and Sejdic

IV(b) 4 para utions and legislation with the international standards and those of the CoE was apparent was CoE the of those and standards international the with legislation and utions edc n Fni . ona n Herzegovina and Bosnia v. Finci and Sejdic

. The country has officially become a member state of the CoE on April 24, April on CoE the of state member a become officially has country The

f 01 a dsge ad dpe a a rrqiie o te state’s the for prerequisite a as adopted and designed was 2001 of

Decision t inevitabl It

t was only a matter of time before time of matter a only was t

through its obligatory nature nature obligatory its through cnand iciiaoy rvso semn fo the from stemming provision discriminatory contained y

challenged a constitutional order of the member state. member the of order constitutional a challenged to review within one year, with the assistance of assistance the withyear, one within review to 26 ugh Law (Venice Commission), the electoral the Commission), (Venice Law ugh

69 a rn Cabr eiin f the of decision Chamber Grand a , ona n Herzegovina. and Bosnia .

Sejdic and Finci and Sejdic 67 a bcm te su o the of issue the become has

More over, besides a general a besides over, ECtHR

found its way its found , Grand ,

case A ” 68

CEU eTD Collection App 71 ( and v.Bosnia Herzegovina Finci and ofSejdic states. the 70 to awarded it appreciation of margin wide a reaffirming law, case its revisited rig the for functions. legislative wide and important exercising it for organ legislative a as qualifies that found Court The 1. Protocol of 3 Article of meaning the under House of function the examine to on took Court the 14, Article of applicability established Having provided. voluntarily State the rights guaranteed Convention the beyond 14 Article of applicability extends L Belgium the in discovered first it principle the to referred Commission Venice the foundHerzegovinabeto Bosniaandoneofviolationin th 1 Protocol of 3 Article applicants the majoreitherofdeclaringethnicities.the three as from applicants the preventing exists burden constitutional no although right, this exercise Herzegovina Presidency state the for election in stand to eligible are Croats) and Serbs, (Bosniaks, peoples constituent state. the their right political and their exercise to Herzegovina ineligibility and Bosnia in minority Jewish and Roma of members respective

Case Through Democracy for Commission European lication Nos lication

"R In arriving to the decision, the Court has heavily relied on the on relied heavily has Court the decision, the to arriving In Court The Finci, Jakob Mr. and Sejdic Dervo Mr. concerns case the of basis factual The elating to Certain Aspects Certain to elating ne te osiuin n te lcin a o Bsi ad Herzeg and Bosnia of Law Election the and Constitution the Under t f h apiat t sad o te lcin n h Hue f epe, h Court the Peoples, of House the in election the for stand to applicants the of ht (Article V) (Article

(Article IV). The constitutionally created cat created constitutionally The IV). (Article 1474/62; ’

rights as found under the Convention’s Article 14 Article Convention’s the under found as rights , by fourteen votes to three three to votes fourteen by ,

1677/62; . As for the for As . and House of Peoples of the Parliamentary Assembly of Bosnia and Bosnia of Assembly Parliamentary the of Peoples of House and I assig ril 1 (rhbto o dsrmnto) te Court the discrimination), of (prohibition 14 Article assessing In .

1691/62;

of the Laws on theon Use Laws of the

Article 1 of Protocol 12 Protocol of 1 Article

of Peoples, and whether it qualifies as a legislative organlegislative a asqualifies it whether Peoples, and of 1769/63; Applications no. 27996/06 and 34836/06) and 27996/06 no. Applications

Law (Venice Commission), Amicus Curiae Brief in the case in Brief the case Curiae Amicus Commission), Law(Venice s

1994/63; under the current consociational current the under 27 found found

of Languages in Education in Belgium“ v.Belgium Belgium“ in Education in ofLanguages

2126/64 Bosnia and Herzegovina in viol in Herzegovina and Bosnia e Convention.e

egory of of egory claim, the court by sixteen sixteen by court the claim,

nusi Case. inguistic taken in taken others

amicus the

does not qualify to to qualify not does os o Peoples of House

conjunction with conjunction

71 curiae to other articles other to C

h principle The onstitution of onstitution vn, only ovina,

brief ation of ation votes 70 As

of to

CEU eTD Collection 74 73 72 12. to belonging of reasons for Presidency state the for run to applicants the of ineligibility that concluded Court the 12, Protocol of 1 Article and 14 Article the under both same the be to ‘discrimination’ ‘dis assign to Court law”. by set right “any prohibitions entertained Court the election, Presidential the ofProtocolNo.1.“3 justi e for stand to found it which for war ofthe end the since achieved al and Law Electoral its review to obligation its and CoE the to state the of accession voluntary a recognized Court power its contradicting not measures, restrictive less alternative, re be to state the found it however, enactment; were and proportionate. society, democratic a in necessary were aim, legitimate a of pursuit in enacted t show to had states the however, appreciation, of margin wide circumstances.” exceptional truly under only justified be therefore can discrimination ethnic on based system election [its] organizing appreciation…in of margin large the “[d]espite However,

Article 1 of Protocol 12, General Prohibition of Discrimination, source: source: ofProhibitionDiscrimination, 12,ofGeneral 1 Protocol Article 50 para 69, note Supra 23 para 70, note Supra

fication and fication On question On

contained The Court did Court The eto t te os o Peoples... of House the to lection 72 others ...

Indeed, the court court the Indeed,

therefore

of ethnic discrimination in respect to the applicants' inability to stand for stand to inability applicants' the to respect in discrimination ethnic of

rmnto’ dfeet enn. aig salse te enn of meaning the established Having meaning. different a crimination’ g i wt te ovnin I ws otn wt a ee o progress of level a with content was It Convention. the with it ign

in the Article 1 create an obligation for the state tosecure state obligation 1create an the for Article in the 74 qualifies to discrimination under the meaning of Article 1 of Protocol of 1 Article of meaning the under discrimination to qualifies

T he difference in the scope of application was not a reason for the for reason a not was application of scope the in difference he

[the State] [the recognize necessity of the impugned measures at the time of its of time the at measures impugned the of necessity recognize

eeoe isjrsrdne eonzn mme states’ member recognizing jurisprudence its developed

breached Article 14 taken in conjunction with Article with conjunction in taken 14 Article breached 28 sponsible for maintaining them in spite of the of spite in them maintaining for sponsible

t n ih o Atce o Pooo 1. The 12. Protocol of 1 Article of light in it

“… the applicants' continued ineligibility continued applicants' the “… lack [ing] http://hub.

n betv ad reasonable and objective an hat impugned measures were measures impugned hat - hrn arneet The arrangement. sharing coe.int/protocol enjoyment ofenjoyment - 12 system, a system, - article - 1

CEU eTD Collection 78 Agreement 77 76 75 ofcapable accommodatinghighest ofthe the it. exemplifies Britain states dysfunctional to limited not are decisions Court’s the agreements and O’Leary court international Court Constitutional the of opportunity missed to fail “ problem. principle…wouldthe of cause root the address ethnic the address to fails that change any that and sustainable, rightshuman of it do; to failed had initiative proclaimed auspices the under coming initiatives other the of all what achieved decision The Ministers. of Committee its and CoE the of scrutiny the about elite political case, the in ruling Court’s

Hirst v. United Kingdom (No. 2), 20052), (No. v.Kingdom Hirst United Milanovic, Marko 2012. 24,March O’Leary, Brendan and McCrudden Christopher Consociations, Courts and 125 pg 2011, Sarajevo Analitika, Engineering? Constitutional New/Old Stojanovic, and Hodzic Te ae of case “The Three appreciated. be to remain decision the of implications The , 76 - Protocol 12 to the European Convention on Human Right, onHuman Convention European to12 the Protocol modalities of its implementation. its of modalities

about possible negative effects of the decision onto a similar peace negotiations peace similar a onto decision the of effects negative possible about

instateconsociation a should be taken with reservation. with taken be should Discrimination onb the Discrimination to step in and address the issue the address and in step to

[ o ht extent what To o ] thers

epai add shows added) (emphasis - IX Eur. Ct. H.R. Ct.H.R. IXEur. asis ofethnicity asis .

75 h cnoitoaim n ona n Hreoia is Herzegovina and Bosnia in consociationalism the centered

in the state the in

Besides During this time the state the time this During

humanyetstandards,isbeto seen. 29

f h itrainl omnt ad self and community international the of 187 187 a focus of the key actors on the crucial issue crucial the on actors key the of focus a , --

a chronicle inability of political actors, andactors, political of inability chronicle a

Problem . Concerns advanced by McCrudden and McCrudden by advanced Concerns . elections in postconflict situations postconflict electionsin

o intervene to (Grand Chamber) (Grand have undertak have 104 Am. J. Int'l L. 636 2010 L. 636 Int'l Am. J. 104

s, if any, with implementation of implementation with any, if s, ht h cret ytm s n is system current the that 77 ; The The ; , en a series of negotiations of series a en

open remains Hirst d h do fr an for door the ed years following the the following years 78

under the close the under ae f Great of case

- Dayton Peace Peace Dayton

ot -

CEU eTD Collection theinapplicationcountry. is Herzegovina of degree a is There plausi it. with associated criticism and consociations in courts the of role either merit without not is executive and legislature and Court Constitutional Bosnian to message a sent it this, By freedoms. and rights human defending in test to legitimacy itsputting problem not had ECtHR the criticism, some of spite In actors. domestic the to back shift elegantly and law, international the under permissible law. international the under obligations activeitrolemore thanhas Court the for intend did they that inferred safely be can It Herzegovina. and Bosnia of Court Constitutional the of design for credit some deserve do Constitution Bosnian the of framers r international towards discourse political direct and untangle to power a has Court Constitutional Bosnian courts. the of role interventionist with ethno empirically and theoretically Herzegovina. and Bosnia of framework internal Herzegovina. and Bosnia CONCLUSION iiy n rtcs o cut’ nevnins i lbrl eorce. ona and Bosnia democracies. liberal in interventionism courts’ of criticism in bility nte aeu fr raig f h cntttoa ipse lw fo te state’s the from flows impasse constitutional the of breaking for avenue Another more with lying progress meaning a for potential recognized discussion The of framework constitutional complex the into insight an offered work preceding The metamorphosis - dominated, u generis sui

collectiveinrights consociations. s estab is

chosen to playchosentoso far. That ad ht hoeiin sget a nt eesrl have necessarily not may suggest theoreticians what and ,

ih eocln lbrl eorc sadrs f ua rights human of standards democracy liberal reconciling with

oscainl osiuinl ragmn i icpbe of incapable is arrangement constitutional consociational suggested more activists approach. activists more suggested lished

The ECtHR jurisprudence jurisprudence ECtHR The Political science response fares with difficulty with fares response science Political by examining a consociational constitutional constitutional consociational a examining by 30

cgie sadrs f ua rgt. The rights. human of standards ecognized .

This paper limited itself in evaluating theevaluating in itself limitedpaper This

ed responsibility for future events future for responsibility ed clearly set the markers of markers the set clearly

The message sent to the to sent message The ,

both

the CEU eTD Collection criticism; to prone are theyhowever,suggest aforward way fo and way any in conclusive not are They systems. consociational examinatio suggestfurther to tend to arrived findingsI The

r whenotherr littleleftis available. 31

n of powers of the courts in courts the of powers of n

CEU eTD Collection Work? Institutions P.,Stable DemocracyGovernanceNorris, Dividedin Good Society: and Int'lL.6362010 J. AgreementPeaceDayton M.,Milanovic, Law De O'L &McCrudden, C., 2012,9, from A.,ConstitutionalLijphart,Desi BosniaReportNo.ICG 16,1996, InternationalGroup, Crisis Hodzic e.htm Results1991,CensusRetr OfficeStatistics,ofFederal FederationofBosnia Herzegovina Bosnia andHerzegovina, and February2013,Retrieved 3, from Herzegovina andin Bosnia the Powerstheand of HighRepresentative,March CommissionEuropeanDemocracy forthroughLaw, /ViewDoc.jsp?id=951051&Site=COE HerzegovinaBosnia and ofEurope,Group Council onDemocracy, Rapporteur oad January4,2013,Retrieved http:// from onIndependenceReferendumandBosniaHerzegovina,in February 29 onSecurityCommission Cooperation and hr.coe.int/sites/eng/pages/search.aspx?i=001 EctHR,GrandChamber,2009,34836/06, SejdiofCase 2012 Knot:GordianBosnia’s Constitutional Crisis ReformEuropeGroup Briefing N°68 andBosniaHerzegovinaandFinciv.Sejdic S.,StrasboThe Bardutzky, BIBLIOGRAPHY - ...id=33 Stabilize Power Stabilize

E.,

& ć http://muse.jhu.edu/journals/journal_of_democracy/v015/15.2lijphart.html

Stojanovic and Finci v. BosniaFinciand and v. Discriminationonthebasisof ethnicity

Harvard,KennedyJohnF.SchoolofGovern - SharingSettlements,March1,2013,

eary, B., CourtsB.,HumanConsociations,oreary, andHow May Courts Rights , – -

ieved March19,2013, http://www.fzs.ba/Dem/Popis/NacPopieved from Protocol 12thetoEuropean ConventiononProtocol Human Right, N StrategyPaper urg Court onConstitution,JudgmentintheofDaytonurg thecase Court . , New/Old ConstitutionalNew/Old , Engineering,Analitika,Sarajevo2011 gn for DividedgnforMuse,Societies,RetrievedProjectNovember http://www.coe.ba/pdf/CDL

www.csce.gov/inde Herzegovina,Applicationsnos.27996/06 and , Retrieved, March25,2013,from

Retrieved in Europe,in 102 , 22December2009 , - 96491 32

September22,2012, from Opinion onOpiniontheConstitutionalSituation Council of EuropeCouncilof co --

nd elections in postinelections European Journal of InternationalofEuropeanJournal x.cfm?FuseAction=Files.Downl

Congress,1

- AD2004004 ment, 18Jan2005 ment,

st –

Session,

- DoPower March 1,1992 March conflict situation conflict https://wcd.coe - - en.pdf operation with operation 2005, http://hudoc.ec The

, - 12July 104Am. sharing ,

.int .int s -

CEU eTD Collection DividedforChallenges Societies Herzegovina,Bosniaand ofO’Flynn,inI., PublishedD.,Sharing,Russell,Power DischotomyM.J.,TheInternationalZahar, Mediationof Leader and s/ga/res/46/a46r237.htm A/RES/46/237,RetrievedResolution2013,UN March 11, from http://www.ohr.in FrameworkGeneralThePeace, for Annex AgreementRetrieved February IV, 2013from 7, Peacekeeping,597 19:5,International 2012,ConstitutionalS.,EngineSebastián, 195at ConstitutionalDesignDividedChoudhry,for Societies: Integration or Ethnic(2008)democratic R.,Pildes, andA identity institutions:dynamic perspective, Sujitin

t/dpa/default.asp?content_id=372

, Pluto Press,2005Pluto , - 611 ering inering Post

- Dayton Bosnia andDayton Herzegovina, http://www.un.org/document Intransigence:TheCase

Accommodation,173, New