"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

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.