Decisions of the Council of Ministers of Bosnia And Herzegovina as Sub-Laws in Comparison With Regulations of Governments

Abstract

This paper researches the decisions of the Council of Ministers of Bosnia and Herzegovina as general sub-laws and compares them with regulations of governments on other levels of government in Bosnia and Herzegovina. The comparison of the decisions of the Council of Ministers is carried out with the regulations of the Government of the Federation and the Government of Sarajevo Canton, with the intention to determine that decisions of the Council of Ministers have in essence the same scope and subject of regulating as the aforementioned government regulations, placing emphasis on the constitutional distribution of competencies between state, entities and cantons. The original research has determined that the Council of Ministers carries out the majority of legislative activities with their decisions, but rulebooks and instructions also appear as sub-laws, which isn’t the case on federal and cantonal levels, where rulebooks and instructions are exclusively adopted by administrative bodies, although administrative bodies on the level of Bosnia and Herzegovina also adopt these types of legislation. It has been determined that most decisions, rulebooks and instructions of the Council of Ministers, as well as regulations of governments are adopted for the purpose of executing the law, therefore as classical sub-laws, although different examples also appear. Finally, an amendment to the law is proposed in the sense that the Council of Ministers adopts regulations as sub-laws, with the cessation of adoption of rulebooks and instructions, which would be more appropriate from the aspect of our administrative law and bring about more order and would systematise this area.