08 April 2025
Dodik’s Defiant Secessionist Constitution
The new Draft Constitution, passed by the National Assembly of Republika Srpska on March 13, 2025, represents the culmination of the tensions between the sub-national entity and the central government of BiH. The Draft Constitution is more than an attempt to shield Republika Srpska President Milorad Dodik from criminal responsibility in light of his active arrest warrant. Instead, the sweeping changes introduced in the Draft Constitution mark one of the most drastic attempts to date to use legal reform to defy the constitutional order and institutions of BiH. Continue reading >>
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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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28 March 2024
The Kovačević Case Revisited
On 20 March 2023 the Council of the European Union gave Bosnia and Hercegovina green light to start accession negotiations. However, despite this political endorsement, BiH must fulfill the conditionality criteria, including a series of six judgments by the ECtHR relating to the predetermined ethnic keys. The last case, Kovačević v. BiH, was referred to the Grand Chamber in December 2023. If the Court follows its previous case law, this should force the mono-ethnic political parties and their leaders as well as the EU institutions to insist on de-blocking the constitutional impasse for any realistic steps towards European integration. Continue reading >>
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