Judicial Impartiality and Independence in Divided Societies: An Empirical Analysis of the Constitutional Court of Bosnia-Herzegovina

The role of Constitutional Courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision-making and, consequently, undermine judicial independence and impartiality. With reference to the decisions of the Constitutional Court of Bosnia-Herzegovina, this article investigates the influence of ethno-nationalism on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court’s decisions, we find that the judges do in fact divide predictably along ethno-national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long-term tenure does little to dampen the influence of ethno-nationalism on judicial behaviour. Moreover, our findings suggest that the longer a judge serves on the Court the more ethno-national affiliation seems to influence her decision-making. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.

Adéu, Srebrenica : la vida als camps de refugiats de Bòsnia i Hercegovina. 'Adiós, Srebrenica : la vida en los campos de refugiados de Bosnia y Herzegovina'.

El documento es un cómic en el que se narra la vida en un campo de refugiados en Bosnia, a través de la vida de un niño. El documento también tiene unas propuestas de trabajo para profundizar en el tema.

EU Conditionality on Nationality-Sensitive Matters in Bosnia and Herzegovina: Promoting Democracy or Maintaining the Status Quo? EDAP 05/2013

This paper will analyse the impact of the EU conditionality in Bosnia and Herzegovina (BiH) and its efficacy in promoting democratic changes in this country. It will be argued that as BiH is a unique case, its constitutional constraints must be taken into account because every reform that affects the difficult balance between the three main ethno-religious groups of BiH is perceived as a nationality-sensitive issue and is therefore vulnerable to political pressure. With reference to two specific situations where EU has demanded the BiH political elites to adopt EU-compatible reforms, namely the police reform process and the implementation of the Sejdić and Finci ruling, it will be argued that the use of the conditionality tool has increased inter-ethnic polarization among the political parties, thus preventing Bosnia and Herzegovina from moving forward in the EU integration process.

Towards a new constitutional blueprint for Bosnia and Herzegovina. CEPS Commentary, 20 June 2014

Bosnia-Herzegovina's provisional constitutional system, as created by the Dayton Agreement, has outlived its purpose by more than ten years. Economic and political governance are now even more deadlocked by corruption, political recriminations and institutional failure. Fouéré and Blockmans argue the need for more robust engagement by both the EU and the US and for a constitutional convention to spur reform. This should facilitate the transition from the country’s current status as international protectorate to sustainable self-government, guided by the EU pre-accession process.

Bosnia i Hercegowina wobec pytania o tozsamosc. Kosowo - kewstia ostatecznego statusu. Prace OSW 10/2003 = Bosnia and Herzegovina: facing the question of identity. Kosovo - the question of final status. OSW Study 10/2003

In June 2003, during a meeting held in Saloniki, the leaders of European Union member states turned to the presidents and heads of the governments of five Western Balkans nations – Croatia, Bosnia and Herzegovina, Serbia and Montenegro, Macedonia, and Albania – assuring them that Brussels sees a future for the entire region in Europe and that, without their membership in the EU, the integration of the continent would not be complete. Of these five – actually six, as Kosovo’s protectorate was represented by a separate delegation: the Prime Minister, President, the Head of the international administration, and a representative of the Serbian party – only Croatia can count on quick integration. The membership of the remaining countries is being spoken of (unofficially) in the perspective of ten to fifteen years. However, no EU diplomat is able to answer the question of how the integration of Bosnia and Herzegovina, and Kosovo, with the EU, will look in practice – these two organisms exist solely owing to the will and efforts of the international community.

Bosniacki chaos. Zrodla kryzysu politycznego we wspolczesnej Bosni i Hercegowinie. Prace OSW 31/2009. = Bosnia's chaos. Causes of the political crisis in Bosnia and Herzegovina today. OSW Study 31/2009

A new form of 'transformational crisis' has been observed in Bosnia and Herzegovina since at least 2005. Politicians representing the three major ethno-political communities (Bosnians, Croats and Serbs) have successively been raising disputes and have employed various political tools to preserve the conflicts instead of resolving them. As a result, the central state institutions and organisations have been weakened and attempts to replace them with narrower ethnic structures have been made. This is increasingly paralysing the state, thus impeding its everyday operation and preventing its structures and legislation from being modernised; had this been achieved, it would have resulted in a real acceleration of the process of Bosnia's integration with the EU and NATO. The present crisis is also an effect of the disagreement between the key international players - the European Union, the United States and Russia - over the 'plan for Bosnia' and the role and duties of the Office of the High Representative, who acts on behalf of the international community in the country.

Ending the State-Building Impasse: What Can Be Learned from Previous EU Enlargements that Might Offer Solutions for Bosnia and Herzegovina. ACES Working Paper No. 10, 2007

On the basis of the success of the two previous waves of European Union enlargement to post-communist states, EU accession is the international community's solution for ending the state-building impasse in Bosnia and Herzegovina. Through a literature review of analysis of the recent EU enlargements, this paper compares those countries' experiences with the current situation in Bosnia, and raises questions about the ability of the EU to address state-building issues through the accession process. The paper concludes that the previous enlargements do not provide a model for state-building in Bosnia. Because the EU's attempts to help along the process of state building in Bosnia is a new type of policy project, the paper proposes how the enlargement process might be adapted to address the specific problems in Bosnia, particularly in terms using human rights norms to compel Bosnian leaders to adopt necessary reforms.

Paradoxes of stabilisation. Bosnia and Herzegovina from the perspective of Central Europe. OSW Report, March 2016

On 15 February 2016 Bosnia and Herzegovina applied for membership of the European Union. This was the result of the new policy strategy which the EU introduced in 2014, aimed at unblocking BiH’s integration process and encouraging local elites to accelerate the reform process. Despite a formal application to the EU, the main internal problems of BiH remain the same - local politicians focus more on the power struggle and enhancing ethnic division than on reform and this is hampering the economic development of one of the poorest countries in Europe. For these reasons this report is devoted to analysing the internal challenges to the stability, coherence and unity of the country. Special attention was also placed on examining the interest and strategies of the various international actors since they can hinder or support the reform process.

Information Guide: Bosnia and Herzegovina

A guide to information sources on Bosnia and Herzegovina, with hyperlinks to information within European Sources Online and on external websites.