Specific influence of the legal nature on the formation procedure of the Constitutional Court of Bosnia and Herzegovina

Resumo

This article aims to examine the legal regulation of the Constitutional Court of Bosnia and Herzegovina with due regard to its legal nature and influence on the system of state power. The article applies system analysis as the main research method, which allows for a comprehensive examination of the constitutional framework and legal acts regulating the Court. This includes an evaluation of the Rules adopted by the Court itself and the debates on judicial independence and foreign influence. The results of the research highlight tensions between autonomy and accountability, especially concerning the participation of international judges and the ethnic composition of the Court. The study contributes to the ongoing discussion on optimizing the formation procedure of constitutional courts in complex federal systems. Considering the specific formation and politico-territorial structure of Bosnia and Herzegovina and the role of the constitutional control body within the system of state authorities, the authors conclude that in establishing the Constitutional Court of Bosnia and Herzegovina as a crucial element of the system of checks and balances, the constitutional founders made every effort to ensure its autonomous position and constructive influence on the functionality of Bosnia’s state mechanism. Some aspects of the organization of the Constitutional Court require reforms to guarantee its independence and maintain its high authority. Achieving a sustainable and balanced model of constitutional oversight will depend on reconciling internal political divisions and reducing reliance on external actors.