Izazovi u razumijevanju raspodjele nadležnosti prema ustavu Bosne i Hercegovine u svjetlu teorije suvereniteta / Challenges in Understanding the Distribution of Competences according to the Constitution of Bosnia and Herzegovina in the Light of the Sovereignty Theory

Abstract

The paper examines the question of exercising jurisdiction based on the Constitution of BiH from 1995. The author points out that the question of competence is very often misunderstood, and the main reason for such an approach is a legally unfounded understanding of the nature of state power, the concept of sovereignty, and the concept of competence itself. The paper emphasizes that all power that can be based on the Constitution of BiH belongs to the State of BiH, and that the distribution of competences between the State of BiH and its entities does not mean the distribution or reduction of state power, but only the distribution of the authority to exercise state power. The exclusive competences of the institutions of BiH significantly exceed the number of competences that are often attributed to the institutions of the state of BiH in legal science and political practice. The author emphasizes that according to the Constitution of Bosnia and Herzegovina there are several categories of exclusive competence of the institutions of Bosnia and Herzegovina, and that for a legally valid determination of these competences it is necessary to analyze the entirety of the Constitution of Bosnia and Herzegovina, as well as the General Framework Agreement for the Peace of Bosnia and Herzegovina.