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External militant democracy: The case of Bosnia & Herzegovina

Imagine a politician winning a democratic election. He/She enters office with a mandate from thousands of voters, only to discover that an unelected official can remove him from office, invalidate laws adopted by parliament, and effectively reshape the constitutional framework within which he operates. In most constitutional democracies, such a scenario would appear inconceivable. In …

Two Recent Strasbourg Judgments Against Bosnia and Herzegovina: Extending the Prohibition of Ethnic Exclusion in Access to Public Office

Introduction The judgments delivered by the European Court of Human Rights on 3 February 2026 in Begić v. Bosnia and Herzegovina and Begić v. Bosnia and Herzegovina (No 2) represent another important development in the Court’s anti-discrimination jurisprudence concerning the constitutional order of Bosnia and Herzegovina. In both cases, the Court found a violation of …

When Court Decisions Simply Aren’t Enough: What Comes Next for Bosnia and Herzegovina’s Constitutional Crisis?

Following unprecedented legal moves toward the de facto secession of one of Bosnia and Herzegovina’s (BiH) subnational units—Republika Srpska (RS)—the Constitutional Court of BiH (CC BiH / the Court) has annulled laws and policies it deemed to undermine state sovereignty and the supremacy of national judicial and security institutions within RS territory. However, the legal …