Constitutional Court of the Federation of Bosnia and Herzegovina Ustavni sud Federacije Bosne i Hercegovine Уставни суд Федерације Босне и Херцеговине | |
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43°51′24″N18°24′46″E / 43.856571053179614°N 18.412703173531092°E | |
Established | 1994 |
Jurisdiction | Bosnia and Herzegovina |
Location | Sarajevo |
Coordinates | 43°51′24″N18°24′46″E / 43.856571053179614°N 18.412703173531092°E |
Authorised by | Constitution of the Federation of Bosnia and Herzegovina |
Website | ustavnisudfbih.ba |
President | |
Currently | Vesna Budimir |
Bosnia and Herzegovinaportal |
Constitutional Court of the Federation of Bosnia and Herzegovina( Serbo-Croatian : Ustavni sud Federacije Bosne i Hercegovine) was established by the Constitution of the Federation of Bosnia and Herzegovina entity in Bosnia and Herzegovina, which guarantees its respect and implementation. The operation is based on the provisions of the Constitution of the Federation and the Law on Procedure before the Constitutional Court of the Federation of Bosnia and Herzegovina. Its seat is in Sarajevo.
It was established on March 30, 1994, at the session of the Parliament of the Federation of Bosnia and Herzegovina. With the Article IV.C.1.1. (2) of the Federation Constitution, the courts of the Federation of Bosnia and Herzegovina were established, namely: Constitutional Court of the Federation of Bosnia and Herzegovina, Supreme Court of the Federation of Bosnia and Herzegovina, and Court for Human Rights of the Federation of Bosnia and Herzegovina. The provisions of the Constitution prescribe the composition, jurisdiction, persons authorized to submit requests, as well as the effect of the decisions of the Constitutional Court, the basic rights and obligations of the parties in proceedings before that institution. [1] [2]
Article IX c) of the Constitution stipulates that for the first five years after its entry into force, three judges of the Constitutional Court of the Federation, who will be foreigners and who are not citizens of any neighboring country, will be appointed by the President of the International Court of Justice after consultation with the President and Vice President of the Federation of Bosnia and Herzegovina. [2] Milan Bajić, Mirko Bošković, Muamer Herceglija, Omer Ibrahimagić, Katarina Mandić and Draško Vuleta were appointed as the first domestic judges on September 30, 1994, and their appointment was confirmed by the Constituent Assembly (i.e.. Federal Parliament) at its session on November 9 of that same year. Local judges were sworn in on the same day. Three foreign judges, Bola Ajibola, Abdalah Fikri al-Hani and François Rigaux, were appointed on 22 February 1995, when the Constitutional Court of the Federation was finally completed. The constituent session of the Constitutional Court was held on January 10, 1996, and the first president of the Constitutional Court was Omer Ibrahimagić. [1]
As originally stipulated, an equal number of judges came from Bosniak and Bosnian Croat nations, with a proportional representation of judges from other nations. [1] [2] After the constitutional amendments of 2002, the Council for the Protection of Vital National Interests was established, as the final authority in deciding on matters of vital national interests of the constituent peoples. The amendments also stipulate that at least two judges must be from each constituent nation and one from among others. [1] [2] [3]
The politics of Bosnia and Herzegovina are defined by a parliamentary, representative democratic framework, where the Chairman of the Council of Ministers of Bosnia and Herzegovina, named by the Presidency of Bosnia and Herzegovina, is the head of government. Executive power is exercised by the Council of Ministers of Bosnia and Herzegovina and the Presidency of Bosnia and Herzegovina. Legislative power is vested in both the Council of Ministers and the Parliamentary Assembly of Bosnia and Herzegovina. Members of the Parliamentary Assembly are chosen according to a proportional representation system. The judiciary is independent of the executive and the legislature.
The Federation of Bosnia and Herzegovina is one of the two entities composing Bosnia and Herzegovina, the other being Republika Srpska. The Federation of Bosnia and Herzegovina consists of ten autonomous cantons with their own governments and legislatures.
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The Council of Ministers of Bosnia and Herzegovina, often called Government of Bosnia and Herzegovina, is the executive branch of the government of Bosnia and Herzegovina. It is also called the Cabinet.
The chairman of the Presidency of Bosnia and Herzegovina is the presiding member of the Presidency of Bosnia and Herzegovina, which collectively serves as head of state of Bosnia and Herzegovina.
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The Constitution of Republika Srpska is the chief legal act of Republika Srpska, an entity within Bosnia and Herzegovina. The constitution was delivered by the National Assembly of Republika Srpska on 28 February 1992, but had to be revised after the Dayton Agreement was signed. It provides the set of laws and principles for the territory, and among its finest functions, it defines the internal organization of the Republic, the function of the official institutions, and the rights and freedoms for its citizens.
The Constitutional Court of Bosnia and Herzegovina is the interpreter and guardian of the Constitution of Bosnia and Herzegovina, It has the appellate jurisdiction over issues arising out of a judgment of any other court in the country, including the constitutional courts of the two entities and the Court of Bosnia and Herzegovina.
The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed on 14 December 1995. The Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. Under the supervision of international community, an "arrangement of amendments" to the Constitution, agreed upon by leading political parties, was proposed for adoption in the Parliamentary Assembly of Bosnia and Herzegovina in April 2006, but it failed to get the approval of two-thirds of members in the House of Representatives.
Krešimir Zubak is a Bosnian Croat politician who served as the 1st Croat member of the Presidency of Bosnia and Herzegovina from 1996 to 1998. At the beginning of the Bosnian War in 1992, he joined the Croatian Democratic Union.
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The Parliament of the Federation of Bosnia and Herzegovina, often called Federal Parliament, is the bicameral legislative body of the Federation of Bosnia and Herzegovina, one of two entities of Bosnia and Herzegovina. It consists of the following two chambers.
Marinko Čavara is a Bosnian Croat politician serving as member of the national House of Representatives since 2022. He previously served as the 10th president of the Federation of Bosnia and Herzegovina from 2015 to 2023.
The Government of the Federation of Bosnia and Herzegovina, commonly abbreviated to the Federal Government, is the main executive branch of government in the Federation of Bosnia and Herzegovina, one of the two entities of Bosnia and Herzegovina. It is headed by the prime minister. The Federal president, in agreement with both vice-presidents of the Federation, appoints the Federal Government, upon consultation with a prime minister or a nominee for that office. The Government is elected after its appointment has been confirmed by a majority vote in the Federal House of Representatives.
The House of Peoples of the Federation of Bosnia and Herzegovina is one of the two chambers of the Parliament of the Federation of Bosnia and Herzegovina, with the other chamber being the House of Representatives of the Federation of Bosnia and Herzegovina. Federal laws need to be passed by both houses.
The Prosecutor’s Office of Bosnia and Herzegovina is a domestic prosecutor of the State of Bosnia and Herzegovina which includes international prosecutors. It was established in October 2002 by the Parliament of Bosnia and Herzegovina with the Law on the Court of BiH and promulgated in August 2002 by the High Representative for Bosnia and Herzegovina.
The judiciary of Croatia is a branch of the Government of Croatia that interprets and applies the laws of Croatia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Croatia is a civil law system, historically influenced by Austrian, Hungarian and Yugoslav law, but during the accession of Croatia to the European Union, the legal system was almost completely harmonised with European Union law. The Constitution of Croatia provides for an independent judiciary, led by a Supreme Court and a Constitutional Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. It also administers the prison system.
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