THE CASE OF BARALIJA V BOSNIA AND HERZEGOVINA:A NEW CHALLENGE FOR THE STATE AUTHORITIES OFBOSNIA AND HERZEGOVINA?

Judgment by the European Court of Human Rights (ECtHR) in the case of Baralija v. Bosnia and Herzegovina holds several important points. Under the surface, different layers are visible, pointing tothe deficiencies in the general state of rule of law in Bosnia and Herzegovina. The core issue, as identified by the ECtHR is one of non-compliance with the final and binding decision adopted by the Constitutional Court of Bosnia and Herzegovina, resulting in a legal void, which has left residents of Mostar withoutthe possibility to fulfill their rights to free, democratic, and periodical elections. However, the mostinteresting part of the ECtHR’s reasoning might be the view which the ECtHR holds in regards to the position and the power of the Constitutional Court of Bosnia and Herzegovina to step in and play an the active role, giving solutions, albeit temporary, in form of “interim arrangements.”. This article offersan overview of the background of “Mostar case,” as well as the ECtHR’s reasoning and purportedposition of Constitutional Court of Bosnia and Herzegovina as well as the challenge this case, as wellas previous similar ones may represent to the State authorities