CITIZENS’ OPINIONS ONSTATE-LEVEL CONSTITUTIONAL REFORM in Bosnia and Herzegovina

1000 CITIZENS20

QUESTIONS

2013JULY

EU SUPREMACY OVER DOMESTIC LAW

European Commission cancelled two agriculture projects in 2013 worth

€5 million due to the failure of the Entities to agree on how to channel EU agriculture and rural development (IPARD) funds,

Missed opportunity for BIH students to participate in international education programs such as Erasmus+, because in the absence of a state-level Education Ministry, the Entities have to approve these programs and repeatedly fail to do so.

Given that cooperation between Entities has been tried and failed, an amended BIH constitution can change this situation by having local laws subordinated to the EU laws.

Austria, Belgium, and Estonia are just some of the countries that gave precedence to EU law through express constitutional provisions.

“A central element of the first stage of constitutional reform has to be a transfer of responsibilities from the Entities to BiH by means of amendments to the BiH Constitution. This is an indispensable step if any progress is to be achieved in the process of European integration of BiH.”

Venice Commission, Opinion on the Constitutional Situation in Bosnia and Herzegovina and the Powers of the High Representative, 2005

81.9% BOSN

IAK

S

73.6% SE

RBS

73.7%

OTHERS

81.1% CROATS

79.1%of people believe that

PRIMACY OF EU LAWS should be included in

the BIH constitution.

86.7%of CITIZENS THINK

that POLITICIANS at all levels of government represent the interests of their parties over the interests of their citizens.

Support for EU laws having supremacy over domestic laws would provide citizens with an additional legal tool if political leaders fail to pass needed reforms.

EU LAWS NEEDED

The BiH State Constitution guarantees the legal unity of BiH. But state competencies are limited.

DOMESTIC LAW

Citizens would like to see local law subordinated to EU law.

FAIL TO ADOPT LEGISLATION

EU PROGRESS STOPS

CITIZENS ARE

STUCKPOLITICIANS DON’T AGREE

?No legal remedy in absence of political will