OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
Bosnia and Herzegovina
fax: (033) 561-134
- from 10:00 to 12:00
|The Constitutional Court is composed of nine members. Six judges are selected by the respective assemblies or parliaments of the Entities (four members are selected by the House of Representatives of the Federation of Bosnia and Herzegovina, two members are selected by the National Assembly of the Republika Srpska). The remaining three judges are appointed by the President of the European Court of Human Rights after consultation with the Presidency of Bosnia and Herzegovina. Judges of the Constitutional Court are required to be distinguished jurists of high moral standing. Any eligible voter so qualified may serve as a judge of the Constitutional Court. The judges selected by the President of the European Court of Human Rights must not be citizens of Bosnia and Herzegovina or of any neighboring state. The term of office of those judges who were initially appointed was five years, unless they resigned, or were removed for cause pursuant to a consensus of the other judges. Judges subsequently appointed may serve until the age of 70, unless they resign or are removed for cause by consensus of the other judges. |
The Court was established following the election and appointment procedures in May 1997 when the first session of the Constitutional Court was held. The basic task of that session was to establish procedures enabling the Court to function. Rules of Procedure were adopted at the session held on 29 July 1997. They have since been amended six times. Finally, on its session held 23 July 2005 the Court adopted the Rules of the Constitutional Court of Bosnia and Herzegovina. The Constitutional Court elects a President and three Vice-Presidents from among the judges by a secret ballot. The President and three Vice-Presidents are elected by rotation of the judges. The term of office of the President of the Court lasts for three years. The Rules of the Court also contain provisions as to incompatibility and immunity. The position of judge is deemed incompatible with membership in a political party or political organization in Bosnia and Herzegovina, as is membership in a legislative, executive or other judicial authority either in Bosnia and Herzegovina or in the Entities thereof. Any other position that could affect the impartiality of the judge is likewise deemed incompatible.
A judge may be dismissed from office before the end of his/her term if he/she requests it, is sentenced to a term of imprisonment, permanently loses the ability to perform his or her functions, or performs public or professional duties incompatible with the position of a judge of the Constitutional Court. As the judges may be dissmised from the office on the basis of a consensus of other judges it is the Court which establishes the existence of reasons for dissmisal of the judge from the office before the end of his/her term. The organization and functioning of the Constitutional Court shall be based on the principle of financial independence
The seat of the Court is in Sarajevo. The sessions are, by rule, held in the seat of Court, but the Court may decide that the session be held outside of the seat of the Court.