Brčko District of Bosnia and Herzegovina
Special unit of local self-government
Brčko District is not a third entity. It is a single administrative unit of local self-government under the sovereignty of BiH. Its territory is jointly owned by the two entities, a condominium, but the District’s own institutions exercise everyday government.
Institutions and how they are chosen
- Assembly of Brčko District of BiH31 representatives
Legislative authority: adopts District laws and the budget, sets general policy and oversees the executive.
Election / appointment: Citizens elect it at local elections. The Assembly elects the mayor; citizens do not elect the mayor directly.
- Mayor and District Government
Executive authority: implement District laws and the budget; the mayor heads the Government and administration.
Election / appointment: The Assembly elects the mayor from among its members under the Statute. The mayor appoints the other Government members under the Statute’s rules; the Government is accountable to the Assembly.
- District Basic and Appellate Courts
Judicial authority: the District’s separate ordinary judicial system, independent of its Government. The Appellate Court decides appeals provided for by law.
Election / appointment: The HJPC of BiH appoints judges through the statutory procedure. The District Prosecutor’s Office is a separate criminal prosecution institution.
Institutions at this level
What is this level responsible for?
- District education, health, social protection, police and judiciary within the Statute and laws.
- The District’s economy and finance, public property, utility services, infrastructure, housing, spatial planning, culture and environment.
- The District combines a wide range of functions that elsewhere are distributed between entity, cantonal and local bodies; it is not divided into cantons.
Important distinctions
- The BiH Constitution and applicable laws and decisions of BiH institutions apply directly. Entity authority is not shown as a regular superior administrative level in the District.
- Its special position rests on arbitral awards, the Statute and Amendment I to the BiH Constitution. The Constitutional Court of BiH may resolve constitutional disputes concerning protection of that position.
- International supervision derives from the arbitration framework; it is not an elected domestic branch of government or an ordinary level of local administration.