Foreign judges in the Constitutional Court of Bosnia and Herzegovina. Legal and political aspects

The article presents the analysis of the competences and constitutional position of the Constitutional Court of Bosnia and Herzegovina. In case of this country, there are a number of unique political arrangements, because under the Dayton Peace Agreement from 1995, ending the bloody war, representatives of the international community play a significant role in political system. The Constitutional Court is a case in point, as one-third of the court consists of foreign judges. Starting the study, the author hypothesised that the presence and participation of these judges, on the one hand, allowed the Constitutional Court to avoid the typical purely ethnic division of authorities in Bosnia and Herzegovina leading to ethnocratic solutions, but on the other hand, it indicates the still incomplete state sovereignty that has persisted for almost 30 years. The hypothesis was verified based on research methods appropriate to social sciences, primarily institutional and legal, as well as a case study.

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Publication Details

Journal
Przegląd europejski
Published
2025-05-25
DOI
https://doi.org/10.31338/1641-2478pe.1.25.4
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Foreign judges in the Constitutional Court of Bosnia and Herzegovina. Legal and political aspects

Krzysztof Krysieniel
Przegląd europejski
European and International Law Studies
article

Foreign judges in the Constitutional Court of Bosnia and Herzegovina. Legal and political aspects

Krzysztof Krysieniel
article en

Abstract

The article presents the analysis of the competences and constitutional position of the Constitutional Court of Bosnia and Herzegovina. In case of this country, there are a number of unique political arrangements, because under the Dayton Peace Agreement from 1995, ending the bloody war, representatives of the international community play a significant role in political system. The Constitutional Court is a case in point, as one-third of the court consists of foreign judges. Starting the study, the author hypothesised that the presence and participation of these judges, on the one hand, allowed the Constitutional Court to avoid the typical purely ethnic division of authorities in Bosnia and Herzegovina leading to ethnocratic solutions, but on the other hand, it indicates the still incomplete state sovereignty that has persisted for almost 30 years. The hypothesis was verified based on research methods appropriate to social sciences, primarily institutional and legal, as well as a case study.

Przegląd europejskiVol. 2025(1)
Openalex Percentile: Top 74%
European and International Law Studies
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