What’s Happening With Judicial Control Over General By-Laws in Bosnia and Herzegovina?

Abstract

The article deals with the understanding of the situation in the field of enactment or adoption of general legal - bylaws in Bosnia and Herzegovina, as well as the issue of (non) control of such acts by the judiciary. Presentation of the situation in this area is presented through a key understanding of the concept of legality, as well as a comparative legal review of control over the work of administrative bodies, viewed from a broader context. The text does not seek to define or define what constitutes general legal acts; it is not defined which acts in Bosnia and Herzegovina have the character of bylaws, having in mind the lack of possibility of judicial control of such acts and thus the frustration that, in the absence of legal definition, these acts are more clearly defined through case law. There is no theoretical consideration of the issue of authority/competence for adoption, as well as the procedure of adoption, and ultimately the content of bylaws. The essence of the whole text is the effort to contribute to the understanding of the phenomenon of the rule of law in terms of the provision of Article I/2. Of the Constitution of Bosnia and Herzegovina, according to which Bosnia and Herzegovina is a "democratic state that functions in accordance with the law ...", and consequently the perception of "inconsistencies" in terms of the said provision of the Constitution of Bosnia and Herzegovina. In fact, the article unequivocally points to asymmetric solutions in the constitutional norms and legislation of Bosnia and Herzegovina regarding the possibility of initiating and conducting an objective administrative dispute in Bosnia and Herzegovina, and it is claimed that such unequal norms do not contribute to the rule of law. Partial application of the provisions of the Constitution is not immanent to a democratic state, and accordingly, it cannot be said that bylaws (which do not pass the control of legality), as a functional segment of the legal order, protect or embody the protection of rights and freedoms of all citizens in Bosnia and Herzegovina.