– Ultimately, the biggest challenge of constitutional reform is its harmonization with the European Convention on Human Rights and Fundamental Freedoms in accordance with the judgments of the European Court of Human Rights. Here we highlight the case ‘Kovačević vs. Bosnia and Herzegovina’, in which the appeal itself comprehensively detected the discriminatory provisions of our Constitution. That is why the position of the Court in the first-instance proceedings, which we hope will not be challenged, is not at all surprising because it would mean renouncing the principles on which the Council of Europe rests – said Bakšić as an introduction on the topic “Some possible changes to the Constitution of BiH”.
He adds that the current constitutional arrangement of Bosnia and Herzegovina is based on Annex 4 of the Dayton Peace Agreement, the main achievement of which is the establishment of peace after the armed conflict in our country. But on the other hand, the application during the past three decades clearly shows that the contracted constitutional arrangements are an obstacle to the construction of Bosnia and Herzegovina as a democratic state in accordance with modern standards.
According to Bakšić, the necessary constitutional reform should first of all respect the achievements of factual constitutional development, including in the constitutional text the institutions and competences that the state acquired during the implementation of the Dayton Constitution.
On the other hand, some provisions are by their nature of a temporal character, so after the expiration of the stipulated time, their validity has automatically ceased, while some have lost their original meaning due to the previous transformation, which all represent a kind of “dead tissue”, concluded this introductory speaker at the regular Sunday session. Round 99″.
(Vijesti.ba/FENA)
