Press Release Council of Press Division Ref: 128a05 Tel: +33 (0)3 88 41 25 60 Fax:+33 (0)3 88 41 39 11 [email protected] internet: www.coe.int/press

46 members Going Beyond Dayton – Commission’s opinion on constitution

Andorra , 14.03.2005 - The Council of Europe Venice Commission has concluded that the present constitutional arrangements in Bosnia and Herzegovina are neither rational nor efficient and not even sustainable. Bosnia and It gave its opinion at a plenary session on 11 March 2005, following a request from the Herzegovina Council of Europe Parliamentary Assembly to study this subject as well as whether the powers of the High Representative are compatible with the country being a member of the Council of Europe.

Czech Republic The Commission concluded that with the present constitution, which is part of the Dayton Peace Agreement, the country cannot make further progress towards European integration. The Commission also recommended drastic reforms for the short, medium and long term. As priorities: < the powers of the state level have to be strengthened; Iceland the powers of the Cantons within the Federation of Bosnia and Herzegovina have to be curtailed or these cantons abolished; political and administrative structures have to be simplified; decision-making processes at all levels have to be streamlined and ethnic vetoes reduced. The Commission acknowledged the need for the powers of the High Representative in the past and the crucial positive role the various High Representatives have played. However, it said that these powers should now be gradually phased out and that, as far as decisions affecting individuals are concerned, new legal safeguards should be introduced. The opinion of the Commission is not binding but will be taken up by the Parliamentary Assembly. It is expected to result in major discussions within Bosnia and Herzegovina Russia itself. and The text of the adopted opinion is public and will be available on the Venice Commission’s website shortly after the session: www.venice.coe.int . The Venice Commission (or the European Commission for Democracy through Law) is the Council of Europe’s expert body on constitutional affairs. “The former Yugoslav Republic of Macedonia” United Kingdom

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