The Case of Baralija V Bosnia and Herzegovina: A New Challenge for the State Authorities of Bosnia 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 to the 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 without the possibility to fulfill their rights to free, democratic, and periodical elections. However, the most interesting 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 active role, giving solutions, albeit temporary, in form of “interim arrangements.”. This article offers an overview of the background of the “Mostar case,” as well as the ECtHR’s reasoning and purported position of the Constitutional Court of Bosnia and Herzegovina, and the challenges this case, and previous similar ones, may represent to the State authorities.