Choose another procedure How is a state law adopted? Presidency decision and entity objection How is a Federation law adopted? How is an RS law adopted? How is a cantonal law adopted? How is a Brčko District law adopted? How is the BiH institutions budget adopted? How is the Council of Ministers formed? How is the Federation Government formed and a deadlock resolved? How is the Federation Government formed and a deadlock resolved? Current IV.B.5 must be read with Amendment CXXXI in OHR’s decision of 27 April 2023. The one-off approval of signatures for the April 2023 Government is not the general rule for new appointments.
1
Federation President and Prime Minister nominee After the prescribed consultations the President designates a candidate with credible prospects of parliamentary support; the candidate reports on formation within 15 days.
2
Federation President and both Vice-Presidents The President appoints the Government with both Vice-Presidents’ agreement within 30 days of their election; if unsuccessful, another 30 days are available to repeat the procedure.
Potential blocking point Who President and Vice-Presidents How Do not reach the agreement required for appointment. What happens next After the second attempt is exhausted, the constitutional route with one Vice-President’s agreement follows, rather than indefinite waiting for both signatures. Appointment and no confidence Germany · Chancellor election and constructive no confidence Similar: The head of state participates in proposing the head of government, and the elected chamber has a decisive vote on taking office.
But different: In BiH the Presidency nominates the chair subject to House confirmation; the Constitution requires the Council of Ministers to resign following a Parliamentary Assembly vote of no confidence, without requiring simultaneous election of a successor in Article V.4(c). Germany’s Bundestag can remove the Chancellor by no confidence only by simultaneously electing a successor with a majority of its members.
Sources for the rules in BiH
3
Federation House of Representatives In the ordinary procedure the Government is elected when a majority vote of the House of Representatives confirms the appointment; ordinary confirmation does not require both Houses.
Potential blocking point Who House of Representatives How Does not confirm the proposed Government. What happens next The Government is not elected; further steps and conditions under IV.B.5 apply, not automatic assumption of office. Appointment and no confidence Germany · Chancellor election and constructive no confidence Similar: The head of state participates in proposing the head of government, and the elected chamber has a decisive vote on taking office.
But different: In BiH the Presidency nominates the chair subject to House confirmation; the Constitution requires the Council of Ministers to resign following a Parliamentary Assembly vote of no confidence, without requiring simultaneous election of a successor in Article V.4(c). Germany’s Bundestag can remove the Chancellor by no confidence only by simultaneously electing a successor with a majority of its members.
Sources for the rules in BiH
4
President, one Vice-President and both Houses If the second attempt under paragraph (3) fails, the President proposes a Government with one Vice-President’s agreement. A majority in the House of Representatives is required, then a majority in the House of Peoples, with the additional caucus condition in paragraph (4).
Potential blocking point Who Three fifths or more of one or more constituent-people caucuses How Opposition in the House of Peoples must not include three fifths or more of any constituent-people caucus. What happens next If this route does not elect the Government, the appointment procedure with both Vice-Presidents under paragraph (2) repeats. Appointment and no confidence Germany · Chancellor election and constructive no confidence Similar: The head of state participates in proposing the head of government, and the elected chamber has a decisive vote on taking office.
But different: In BiH the Presidency nominates the chair subject to House confirmation; the Constitution requires the Council of Ministers to resign following a Parliamentary Assembly vote of no confidence, without requiring simultaneous election of a successor in Article V.4(c). Germany’s Bundestag can remove the Chancellor by no confidence only by simultaneously electing a successor with a majority of its members.
Sources for the rules in BiH
5
President, both Vice-Presidents and House of Representatives The final repeat again requires appointment with both Vice-Presidents and confirmation by the House of Representatives under IV.B.5(6).
Potential blocking point Who Failure of appointment or confirmation in the final repeat How The Government again is not appointed or is not confirmed in the House of Representatives. What happens next The Federation Parliament and cantonal assemblies are deemed dissolved; early elections are called for the House of Representatives and cantonal assemblies. The President and Vice-Presidents’ mandates end upon replacement after those elections. Appointment and no confidence Germany · Chancellor election and constructive no confidence Similar: The head of state participates in proposing the head of government, and the elected chamber has a decisive vote on taking office.
But different: In BiH the Presidency nominates the chair subject to House confirmation; the Constitution requires the Council of Ministers to resign following a Parliamentary Assembly vote of no confidence, without requiring simultaneous election of a successor in Article V.4(c). Germany’s Bundestag can remove the Chancellor by no confidence only by simultaneously electing a successor with a majority of its members.
Sources for the rules in BiH