PRIMJENA EUROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I SLOBODA U UPRAVNOM SPORU U BOSNI I HERCEGOVINI

Abstract

The administrative dispute is an extremely important legal and functional mechanism in every democratic state as a guarantee of legality of public administration actions. The development and strengthening of the rule of law imposed as an imperative the existence of an efficient system of judicial control of the administration, which will provide citizens with broad legal protection in administrative matters. The Constitution of Bosnia and Herzegovina incorporated the European Convention of Human Rights into the legal system of Bosnia and Herzegovina, as a fundamental legal instrument for protection of human rights. The Convention’s Protocol 11, established the European Court of Human Rights as the exclusively responsible body for the inter- pretation of the Convention. The rich practice of the European Court has significantly contributed to the protection of rights in the domain of administrative adjudication. The aim of this paper is to analyze the compliance of the legal framework of administrative adjudication in Bosnia and Herzegovina with the Convention, with reference to the practice of the European Court, but also to the practice of the Constitutional Court of Bosnia and Herzegovina. The authors will try to determine the directions of reform and europeanization of administrative adjudication, in accordance with the basic european administrative principles and under the assumption that Bosnia and Herzegovina should organize its administrative adjudication according to the French model, as one of the best mechanisms of control over public administration actions.