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 >>
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17 May 2023
Political Pluralism and the Camel’s Back
On 27 April, the High Representative in Bosnia and Herzegovina, Christian Schmidt has unblocked the appointment of the government of the Federation of Bosnia and Herzegovina by overriding the veto of the largest Bosniak party, SDA. The party, currently in opposition, had blocked the appointment of the government. Schmidt's move could be a welcome breakthrough – the country has been ridden by abuses of ethnic vetoes ever since the Dayton Agreement. However, this specific imposition may have detrimental consequences for the future of political pluralism in Bosnia and Herzegovina, and any parties which want to outgrow the existing ethnic division. Continue reading >>21 October 2022
Christian Schmidt’s Stabilitocracy
The High Representative in Bosnia and Herzegovina Christian Schmidt has imposed amendments to the Constitution of the Federation of Bosnia and Herzegovina and the Election Law of Bosnia and Herzegovina. By this decision, Schmidt questioned the role of the international community in Bosnia and Herzegovina – should Bosnia and Herzegovina be a democratic state or a state of ‘ethnic stabilitocracy’? Schmidt showed us that ‘ethnic stabilitocracy’ is the current aim of the international community in Bosnia and Herzegovina. 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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23 August 2022
Is Ethnic Gerrymandering a Solution for the Constitutional Impasse?
Christian Schmidt, the High Representative in Bosnia and Herzegovina, had a fit of temper last week. After the draft of the HR's “Decision Enacting the Law on Amendments to the Election Law of Bosnia and Herzegovina” had been leaked to the public, there had been mass demonstrations. What were the reasons and what is the legal and political background for his outrage? Continue reading >>
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