08 April 2025
The Tipping Point in BiH’s Constitutional Struggle
On 26 February, the Court of Bosnia and Herzegovina sentenced the President of the Republic of Srpska, Milorad Dodik, to one year in prison, with an additional six-year prohibition from holding office. Dodik was found guilty of failing to comply with the decisions of the High Representative in BiH, the office instituted in Annex 10 of the Dayton Peace Agreement. The verdict marks the conclusion of the ongoing tensions between Milorad Dodik and the Office of HR, reflecting broader calls of the former for a return to the “original Dayton”. Continue reading >>
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11 April 2024
The High Representative Strikes Again
In March 2024, the High Representative (HR) in Bosnia and Herzegovina (BiH), Christian Schmidt, once again used his “Bonn powers” under the Dayton Peace Agreement which, inter alia, enable him to impose substantial legislation. After a dark warning, he enacted a new package of reforms concerning the electoral process. While these reforms reflect the necessary and desirable changes in the process of the EU accession, concurrently resolving a political stalemate, this schmidtian mode also creates further political cleavages. Nevertheless, arguably a “Smith” has found a fairly clever way forward. Continue reading >>
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27 July 2023
Perils from Within and Without
The Constitutional Court of Bosnia and Herzegovina (BiH) is described as one of the few success stories of the 1995 Dayton Peace Agreement (DPA). In contrast to the state-level legislature, the Court’s decision-making process in principle cannot be vetoed. Voting rules do not condition the presence of all three ethnic groups. This has made it difficult for Republika Srpska’s (RS) political leadership to block, boycott or undermine the work of the Court compared to other state-level institutions. However, recent months saw the RS identifying and seizing a rare moment of vulnerability with potentially severe consequences. If RS does not elect new judges in the meantime, not even a Court’s small chamber will be able to operate. Continue reading >>07 October 2022
Cutting the Gordian Knot in Bosnia and Herzegovina
Just after the polling stations on October 2, 2022, in Bosnia and Herzegovina (BiH) had closed, High Representative Christian Schmidt dropped a bombshell when he imposed changes to the Election Law of BiH as well as 21 amendments to the Constitution of the Federation of BiH. It was the second decision of the High Representative regarding this year’s elections in BiH. Their recent impact to change the BiH Election Law on the evening of the elections as well as constitutional amendments raises the question of the sustainability of this complex post-conflict arrangement in BiH. Was the quick fix by the High Representative necessary, useful and justified? Continue reading >>
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