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STRENGTHENING CAPACITY OF THE CONSTITUTIONAL COURT OF B...

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Strengthening Capacity of the Constitutional Court of Bosnia and Herzegovina. How to improve decision implementation and enforcement

14 pages, pdf
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Strengthening capacity of the Constitutional court of Bosnia and Herzegovina.
How to improve decision implementation and enforcement?

 
 

Publisher: Center for Political Studies (CPS), BiH

Date: 2014

Volume: 14 pages, pdf


Description

The Constitutional Court of Bosnia and Herzegovina (CCBiH), as the highest judicial authority in the country that monitors the work of all types and levels of government, has an important role as a protector of the con - stitutional order and constitutionally guaranteed rights and fundamental freedoms. However it is not enough for the constitutional court to make decisions; those decisions must also be implemented.
This research sheds light on the failure to implement decisions of the CCBiH in the domain of review of constitutionality, i.e. on the inaction of the legislative bodies obligated by the Constitutional Court to harmonize unconstitutional legal acts with the Constitution of Bosnia and Herzego - vina and / or applicable international legal acts. Research has shown that the root of this problem is political in its nature, which makes it a difficult subject for policy approach. Nevertheless, some legal changes can have a positive effect on the implementation of decisions of the Constitutional Court of Bosnia and Herzegovina.