Woelk, Jens Author aut (orcid)0000-0002-6557-3104 Text xx# 2023 Verfassungsblog 2023-09-01 eng

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Bosnia and Herzegovina is widely known as a “complex State” that has struggled to progress towards EU accession due to internal divisions. More than 25 years after the war ended, the country seems to remain stuck in transition. Recently, secession claims from Republika Srpska (RS) have become more concrete, a crisis has been triggered around the Constitutional Court. Amid these dynamic developments, a judgment by the European Court of Human Rights (ECtHR) could cause tensions, if not even the opening of Pandora’s box: After a series of previous judgments of a similar kind, on 29 August, 2023, the ECtHR published its judgment in the case of Kovačević v. Bosnia and Herzegovina. The judgment is a fundamental and systemic critique of the power-sharing arrangements and clearly determines the direction any constitutional amendment or reform needs to take: The only possible way is to reduce the institutional relevance of ethnicity and of the privileged status of ‘constituent peoples’. CC BY-SA 4.0 Woelk, Jens Bosnia and Herzegovina Dayton Election law 342 https://verfassungsblog.de/opening-pandoras-box/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20230901-183000-0 230901 10.17176/20230901-183000-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)