Bosnia and Herzegovina
State
Bosnia and Herzegovina is a state composed of two entities: the Federation of BiH and Republika Srpska. Brčko District of BiH has a special status under the state’s sovereignty. Connections in the diagram show territorial organisation, not a chain of command between governments.
Institutions and how they are chosen
- Parliamentary Assembly of BiH42 representatives + 15 delegates
Legislative authority: the House of Representatives and House of Peoples jointly adopt state laws and the budget; a law requires the approval of both houses.
Election / appointment: Citizens directly elect the House of Representatives: 28 members from FBiH and 14 from RS. The respective caucuses of the FBiH House of Peoples elect five Bosniak and five Croat delegates; the RS National Assembly elects five Serb delegates.
- Presidency of BiH3 members
Executive authority: the collective head of state; conducts foreign policy, appoints ambassadors and nominates the Chair of the Council of Ministers.
Election / appointment: One Bosniak and one Croat member are directly elected from the territory of FBiH, and one Serb member from the territory of RS. Each voter votes for one seat.
- Council of Ministers of BiH
Executive authority: implements state policies and decisions in areas within the responsibilities of BiH institutions; it is not a common government superior to entity and cantonal governments.
Election / appointment: The Presidency nominates the Chair, and the House of Representatives confirms the appointment. The Chair proposes ministers, who are also confirmed by the House of Representatives.
- Constitutional Court of BiH9 judges
Constitutional protection: resolves constitutional disputes and examines constitutional questions arising from judgments of other courts. Its decisions are final and binding.
Election / appointment: The FBiH House of Representatives selects four judges, the RS National Assembly two, and the President of the European Court of Human Rights three after consultation with the Presidency, under Article VI of the Constitution.
- Court of BiH and Prosecutor’s Office of BiH
Judicial authority and criminal prosecution: the Court decides state-level criminal, administrative and other cases specified by law. The Prosecutor’s Office conducts investigations and brings indictments; it is not a court.
Election / appointment: The High Judicial and Prosecutorial Council of BiH (HJPC) appoints judges and prosecutors through the statutory procedure; voters do not elect them and the Council of Ministers does not appoint them.
- High Representative / OHR
International role: monitors and facilitates civilian implementation of the Dayton Peace Agreement. Under the so-called Bonn powers, issues binding decisions, including imposing legislation and removing officials.
Election / appointment: It is not an elected domestic institution or an additional territorial level of government. The mandate derives from Annex 10 and the international framework for peace implementation.
What is this level responsible for?
- Foreign policy, foreign trade and customs policy, and monetary policy; the Central Bank of BiH is responsible for currency and monetary policy.
- Financing state institutions and international obligations; immigration, asylum and refugee policy.
- International and inter-entity criminal law enforcement, common and international communications, inter-entity transport and air traffic control.
- Additional responsibilities may arise under Article III.5 of the Constitution; the original constitutional list is not a complete inventory of today’s state functions. Defence, for example, is also regulated by state laws.
Important distinctions
- Functions not expressly assigned to BiH institutions by the Constitution belong to the entities, subject to the additional responsibilities under Article III.5. All levels must comply with the BiH Constitution and decisions of state institutions.
- The judiciary is not a single appeals pyramid with a state court at the top: there are state, entity and Brčko judicial systems. The Court of BiH is not a general appeal court for judgments of entity courts.
- An appeal to the Constitutional Court of BiH concerns constitutional rights and questions under prescribed conditions; it is not another ordinary appeal on all facts and laws.
- The OHR is not the head of domestic parliaments and governments within the ordinary separation of powers; its special international role must be distinguished from domestic democratic accountability.