Nummer 12 der „Blätter für Öffentliches Recht“ zum downloaden

The constitutional crisis in B&H involves at least three aspects: political crisis, the crisis of the EU integration process and constitutional crisis. It is not possible to determine what issue is dominating. In this Volume, at the very beginning, we are disclosing two analyzes which on the best way demonstrate internal cohesion of all three aspects. The analyzes lead us to the Treaty of the agreement and principles of participation in the power of the political parties HDZ B&H, HDZ 1990, SNSD, SDS, SBB and SDP as of 20th of November 2012, as well as the treaty between SNSD and SDP B&H on the program/project cooperation concerning the legislative and executive authorities in Bosnia and Herzegovina for the period of 2012-2014. Based on the mentioned treaty, a set of laws regulating the most important levers of public law regulation of B&H: conclusion and implementation of international agreements, the Central Bank of B&H, Foreign trade Chamber of B&H, the civil service, electoral law of B&H, conflict of interests in the institutions of B&H, High Judicial and Prosecutorial Council of B&H as well as procurement was sent in legislative procedure. At the time of conclusion of this Volume, the laws which adjust electoral law and conflict of interests are in the procedure at the Parliament of B&H. That analyzes point out unambiguous weaknesses of proposed amendments. The Council of Ministers has, however, completely ignored all objections, legal expertise, and objections of NGO sector as well as international community. The proposed solutions regulating areas lead to a much lower legal standard that the existing one. Isn’t this practice typical for B&H legislation: ignoring the legal standards and finding the solution that are convenient for political parties in power? Aren’t these phenomena the real reason of constitution crises in B&H?

We would like to focus reader’s attention to three interesting topics from B&H. The first one refers on the problem of specificity in nominating the Managing Boards in Tuzla Canton as well as the issue of legality of “Temporary Managing Boards”. The second one refer on review of education for lawyers in the field of constitutional law — a legal discipline that is very significant, but in legal system of B&H have neither academic nor professional reputation. The third topic refers on the problem of organization of military discipline in the Armed Forces of B&H. By analyses of the issues of costs of administrative dispute in Croatia, imprisonment penalty in Serbia and Serbian’s type of secularism, we are rounding up the regional themes. Also, by analyses of Mr. Bodo Weber we are reminding on historical premises of the crises of B&H Constitution.

Volumes of Public Law are continuing, I wish our readers pleasant reading.