In search of functionality and acceptance: the distribution of competences in Bosnia and Herzegovina

It is the aim of this paper to investigate the complex system of the distribution of competences in Bosnia and Herzegovina. In order to do this, we will proceed as follows:

First, we will focus on the “twin union state” (Graf Vitzhum 2000) that Dayton created, and provide an overview of the basics of the political system.

Second, we will look at the current distribution of competences, their implementation and their actual application. By doing so, we will not only focus on the distribution of competences between different levels of government, but we will also focus on the concrete implementation of the distribution of competences in selected policy areas.
Third, we will look at how the distribution of competences has been interpreted and how checks and balances function in the political system. In part four, we will analyze how the distribution of competences has evolved over time in post-war Bosnia. The focus will be on the changing dynamics between central state, entities, cantons and municipalities. We will assess how the distribution of competences can be changed and which mechanisms are used to ensure that far-reaching changes to the distribution of competences follow a clear legal process.

Finally, we will conclude by looking at the most recent developments in Bosnia and Herzegovina, pointing out where reforms are required and focusing on an important judgement of the European Court for Human Rights in relation to Bosnia’s political system.