The Constitution of Bosnia and Herzegovina () is the supreme law of Bosnia and Herzegovina. The current text is Annex 4 to the General Framework Agreement for Peace, initiated on 21 November 1995 and signed on 14 December 1995. The Constitution affirms state continuity, establishes institutions, allocates competences between the State and the Entities, and incorporates extensive human-rights guarantees with explicit reference to the European Convention.
The Constitution consists of a Preamble and twelve Articles (IâÂÂXII), with annexes cross-referencing human-rights treaties. Article I defines the State and citizenship; Article II incorporates the European Convention on Human Rights (ECHR) and enumerates rights; Article III distributes competences between the State and the Entities (with provision for âÂÂadditional responsibilitiesâ by agreement); Article IV establishes the bicameral Parliamentary Assembly; Article V defines the three-member Presidency; Article VI establishes the Constitutional Court; Article VII provides for the Central Bank; Articles VIIIâÂÂXII cover finances, general and transitional provisions, and amendments.
Under Article II(2), the ECHR has direct applicability and priority over other law in Bosnia and Herzegovina; Annex I lists additional human-rights instruments binding on the State. The Constitution prohibits discrimination and guarantees return of refugees and displaced persons (Article II(4)âÂÂ(5)).
The Parliamentary Assembly comprises the House of Representatives and the House of Peoples. The collective Presidency has three members (a Bosniak and a Croat from the Federation of Bosnia and Herzegovina, and a Serb from Republika Srpska). The Constitutional Court (Article VI) âÂÂshall uphold this Constitution,â with jurisdiction to resolve disputes under the Constitution and to review the constitutionality of laws. The Central Bank of Bosnia and Herzegovina (Article VII) maintains monetary stability.
Article X provides that the Constitution may be amended by decision of the Parliamentary Assembly, including a two-thirds majority of those present and voting in the House of Representatives. No amendment may eliminate or diminish the rights and freedoms in Article II. The Constitution has been amended once (Amendment I, 2009) to integrate the BrÃÂko District into the constitutional text.
In the landmark U-5/98 (âÂÂConstituent PeoplesâÂÂ) case (2000), the Constitutional Court interpreted key provisions concerning equality and representation of the three constituent peoples across both entities. Subsequent analysis by the Venice Commission addressed implementation and broader constitutional implications.
The European Court of Human Rights has delivered several judgments concerning constitutional arrangements:
In 2006, a U.S.-facilitated compromiseâÂÂpopularly known as the âÂÂApril PackageâÂÂâÂÂsought to modernize institutions (streamlining the Presidency, strengthening the Council of Ministers and State competences) but failed in the House of Representatives by two votes. The Parliamentary Assembly of the Council of Europe took note of the outcome in Resolution 1513 (2006). The Venice Commission issued an opinion on the 2006 draft amendments. Subsequent reform discussions have continued in light of the ECtHR case-law.