Beschreibung
This book has appeared as a result of the cooperation and participation of the authors presenting on the panel "Bosnia after Sejdic-Finci case" (moderated by Professor Rainer Arnold), which was held at the Inaugural Conference of the International Society for Public Law ("Rethinking the Boundaries of Public Law and Public Space", Florence, Italy 26-28 June 2014). The authors provide an assessment of the concept "constituent peoples" and the discriminatory voting model built in the constitutional order of Bosnia and Herzegovina. They suggest competing solutions for the problem that was disclosed by the famous ECtHR decision in the Sejdic-Finci case. The decision has not been implemented since 2009, despite vocal support by the local and international stakeholders. Apart of the critical analysis of the official proposals for implementation of the decision, the authors offer an explanation for the failures in the implementation process. In addition, the book includes some considerations related to the different approaches, even different truths of the constituent peoples, "the Others" and the International Community to the Bosnia and Herzegovina and its future development, the possibility and the necessity for more active role of the Constitutional Court of Bosnia and Herzegovina in the process of implementation of this decision, as well as of the decisions that will follow in the process of harmonization of the Constitution of Bosnia and Herzegovina with the basic democratic values.
