“THE ELEMENTS OF THE STATE OF EMERGENCY IN BOSNIA AND HERZEGOVINA TODAY”

Abstract

All contemporary constitutions in the Europe pay special attention to the security of the state today. It is the condition for the security of the individual as for the implementation of all other goals of contemporary society. The great significance in connection with this has certainly the regulation of sovereignty, territorial integrity, political independence and international subjectivity. In this respect the Constitution of Bosnia and Herzegovina does not present any exception. Those goals are explicitly defined both in the Preamble and the normative section of the Constitution of Bosnia and Herzegovina.

However, only the Constitution of Bosnia and Herzegovina in contrast to all other constitutions in Europe does not content the category of the state of emergency. The category of the state of emergency is accepted by means off the ratification of the European convention for the protection of human rights and fundamental freedoms which shall apply directly in Bosnia and Herzegovina. This Convention also pays big attention to the regulation of the state of emergency.

Also, the implementation of the mentioned goals is very specific in Bosnia and Herzegovina. The goals are realized through national and international institutions such as the Office of the High Representative. It is also necessary to explain and to state precisely the institution of the state of emergency in our Constitution. There is a practical need to protect completely democratic order in society of Bosnia and Herzegovina which is on the whole multiethnic society. The protection of democratic order is the necessary condition for the protection of all individual and collective rights recognized by the European convention for the protection of human rights and fundamental freedoms and all other instruments of the European public order. It is of current interest while Bosnia and Herzegovina after the initialing of the SAA accepted the obligation to realize all constitutional changes which are necessary for Bosnia and Herzegovina to become the functional and democratic state based on the principle of the rule of law.