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10604New Publication: New/Old Constitutional Engineering? (Sejdic and Finci case, BiH)

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  • tarjus
    Sep 22, 2011
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      Center for Social Research Analitika (www.analitika.ba
      <http://www.analitika.ba> ) has published a book titled �New/Old
      Constitutional Engineering?" Challenges and Implications of the
      European Court of Human Rights' decision in the case of Sejdić
      and Finci v. BiH" in May 2011.

      The book's authors, Edin Hod�ić and Nenad Stojanović,
      provide an overview and analysis of the possible ways in which the
      judgement can be executed with respect to the Presidency of Bosnia and
      Herzegovina (BiH) and the House of Peoples of the Parliamentary Assembly
      of BiH as the institutions that the judgment is directly concerned with,
      emphasizing their strengths and weaknesses and indicating the contours
      of the legal and political framework within which the modalities of this
      decision's execution should be considered.

      As stated in the Executive Summary of the book, "[t]he main
      intention of this research project is to offer decision-makers,
      journalists and public officials, as well as the academic community and
      the wider public, a systematic overview of the conceptual premises,
      relevant international standards, comparative experiences (especially
      those from other divided societies) and the past political practice in
      Bosnia with regard to the political participation of both the
      constituent peoples and `Others'. This overview is necessary in
      order to identify potential directions that reform of the Bosnian
      Constitution and the amendments to relevant laws (above all, the Bosnian
      Election Law) could take in order to ensure the execution of the
      Sejdić-Finci judgment in ways that would not upset the system of
      power-sharing established between the three constituent peoples, while
      still ensuring the political participation of `Others' on a
      non-discriminatory basis."

      The authors elaborate on the details of the Sejdić and Finci v. BiH
      judgement, the chronology of events after its issuance, previous
      proposals outlining modalities for the judgement's execution,
      conceptual considerations related to existing collectivities in BiH and
      their rights, relevant international standards, as well as general
      principles and mechanisms of representation of collective identity,
      taking into account both relevant comparative experiences and the
      situation in BiH. This effort is an attempt to answer the key research
      question: "What are the possible legal and institutional
      arrangements for the execution of the ECtHR judgment in the case of
      Sejdić and Finci v. Bosnia and Herzegovina that would ensure the
      enjoyment of individual and collective rights of political participation
      on an equal basis?"

      Informed by insights from relevant political theory, political science
      and legal scholarship, as well the political practice of representation
      of individual and collective identities both in the two entities of
      Bosnia and Herzegovine and in other similar contexts, the authors have
      identified significant gaps in the previous proposals for reforming the
      BiH Presidency. At the same time, previous proposals concerning the
      House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina
      have mostly neglected the key question of the existing competences of
      this parliamentary chamber. On the other hand, their research also
      shows that political actors in BiH have not devoted an adequate degree
      of attention to the execution of the Sejdić and Finci judgement,
      while public discourse and media coverage have been almost entirely
      focused on possible sanctions and general consequences of a failure to
      execute the judgement that Bosnia and Herzegovina could be faced with,
      while efforts aimed at promoting the imperative and substance of
      equality in the enjoyment of political rights in the specific BiH
      context have generally been weak.

      The English version of the book is available HERE
      <http://analitika.ba/files/NEW%20OLD%20CONSTITUTIONAL%20ENGINEERING%20-%\
      2007062011%20za%20web.pdf> .

      Publication in local languages is available here
      <http://analitika.ba/files/Novi-stari%20ustavni%20inzenjering%20u%20BIH%\
      2028april2011%20WEB%20FINAL.pdf> .

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      Analitika - Center for Social Research

      Kaptol 5/3
      71000 Sarajevo
      Bosnia and Herzegovina
      Phone//fax: + 387 33 215 825
      www.analitika.ba <http://www.analitika.ba>

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