Type: Judgment

Authority: National Courts: Supreme Courts (Bosnia and Erzegovina) - Ustavni sud

Date: 03/26/2015

Subject: The Ustavni sud recalling a consolidated jurisprudence of the Court of Strasbourg, stated the constitutional illegitimacy of some norms of the Constitution of the Federation of Bosnia and Herzegovina, the Constitution of the Serb Republic of Bosnia and Herzegovina and the Election Law: according to the Court, the norms which allowed only the members of the Bosnian, Croatian and Serb community (“the constituent peoples”) to stand for President and Vice-President of the Bodies, limiting the access of the “Others” (persons belonging to ethnic minorities or not belonging to any group), amounted to an unjust discrimination on grounds of ethnic origin, in violation of Protocol n. 12 to the ECHR; the decision of 25.03.2015, which states the constitutional illegitimacy of the electoral system for violation of many norms of the ECHR, establishing the primacy of such norms on the national constitutional ones

Parties: Željko Komšić

Original language: Bosniaco

Classification: Equality - Art. 20 Equality - Art. 21 Non discrimination

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