Although the decision of the European Court of Human Rights in the case “Sejdić and the Finns” was a key condition for BiH’s European path until just a few years ago, today it is almost no longer talked about.
A key paradigm shift in the EU occurred after the adoption of the British-German agenda in 2015, when the focus shifted from this decision to the economy and strengthening the institutional framework of BiH. It was believed that in a better economic environment and with better and more efficient functioning of the state, as a consequence of fulfilling European obligations, the case of “Sejdić and the Finns” and a group of other related judgments passed after this decision would take their turn. However, this did not happen, and the economic and institutional reforms did not achieve their results, especially after the failure of BiH to implement the conditions from the Reform Agenda.
Although there are informal promises that after the October elections this issue will be on the agenda again and that the general elections in 2030 will be conducted in accordance with the “Sejdić and Finns” decision, there are still no concrete steps leading in that direction.
“We cannot join the EU without implementing the decision”
Jakov Finci, one of the two appellants, points out that he waited 17 years, so it will not be difficult for him to wait 21 years if it means that the decision will finally be implemented, and he, as a citizen of Bosnia and Herzegovina, will be able to run for the highest state office.
“I always say that we cannot become a member of the EU until this is done. So, if anything, we will have to implement this decision before we can become a member,” he said.
When asked if he believes that Bosnia and Herzegovina will join the EU, so that, according to his claims, this decision would be implemented, Finci says that it remains to be seen.
“I don’t know how much our politicians still think that it is realistic that Bosnia will enter the EU and how much they are fighting for it. And it is obvious that the people, whenever that question is raised, are always mostly in favor of joining the EU. It seems that only the politicians think differently about it, because this way they feel more comfortable, they can make the decisions they want”, he points out.
As he emphasizes, he is more concerned that European laws are being delayed because without these reforms, as he says, the other conditions do not make sense either.
“Look at the decisions that are not made, such as this delay in the adoption of the Growth Plan, which costs this country hundreds of millions of euros. But we are the country that lags behind the most and we will again remain at the tail end of the Western Balkans while we argue about who will vote and who can run for office. And I do not lose hope that one day, as they say, this country will still triumph”, he emphasizes for “Nezavisne”.
The European Commission warns of obligations
Although the decision “Sejdić and the Finns” has disappeared from the vocabulary of European diplomats, it is not from European reports, which regularly remind us of unfulfilled obligations.
In the latest report on the progress of the European Commission at the end of last year, it was emphasized that members of national minorities and citizens who do not declare themselves as members of constituent nations still cannot run for the Presidency of BiH and the House of Peoples, which, as it was emphasized, represents a violation of the judicial practice of the European Court of Human Rights in the “Sejdić and Finns” case, until constitutional reforms are adopted that will ensure political equality and the prohibition of discrimination of all citizens.
“The country urgently needs to adopt constitutional and electoral reforms in order to enable all citizens to effectively exercise their political rights, especially by harmonizing their Constitution with the jurisprudence of the European Court of Human Rights in the ‘Sejdić and Finci’ case, as well as by implementing the relevant decisions of the Constitutional Court”, it was stated, with the explicit indication that this requires an amendment to the Constitution.
Almost a year ago, a high-ranking European official told us in an informal conversation that when BiH starts active negotiations, then all these issues will have to be resolved, because there is no way for the negotiations to progress without that, especially since legal issues and issues of fundamental rights, as we were told, were put at the forefront of the negotiation process.
If this is taken seriously, assuming that the next convocation at the state level will begin negotiations, it is almost certain that the general elections after this one will be the first in which nationally undecided and minorities will be able to run for a member of the Presidency, they write. Independent.
