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Sarajevo Times > Blog > POLITICS > Can BiH reform its Electoral Law without Constitutional Reform?
POLITICS

Can BiH reform its Electoral Law without Constitutional Reform?

Published: July 5, 2025
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Bosnia and Herzegovina must ensure an electoral system based on the principles of non-discrimination, the rule of law and civil sovereignty, and not on ethnic division and political manipulation – this is one of the key messages from the conference on the reform of electoral legislation held in Sarajevo. The participants pointed out that essential change is impossible without a previous amendment to the Constitution of Bosnia and Herzegovina.

 

“There is constant talk about amendments, additions, adoptions of the electoral law, but without amending the Constitution, nothing substantial can be done, which is also confirmed by my judgment against Bosnia and Herzegovina before the European Court of Human Rights”, said Azra Zornić, the appellant in one of the most famous cases that points to constitutional discrimination in the country’s electoral system.

The President of the Central Election Commission of Bosnia and Herzegovina, Irena Hadžiabdić, emphasized that everyone must strive for the next general elections to be held with full integrity. “This means holding elections in accordance with international standards and without abuses,” she pointed out.

The judge of the European Court for Human Rights, Faris Vehabović, called for a return to basic democratic values. “If we are talking about principled political positions, then we must support the principles of the rule of law – this is the foundation of every democratic state,” he said.

Representative in the Parliamentary Assembly of BiH Šemsudin Mehmedović warned about the dominance of political rhetoric in the debate on the electoral law. “Citizens mainly listen to political messages through the media, and rarely have the opportunity to hear what the experts say,” he said.

Academician and Vice President of ANUBiH Mirko Pejanović pointed out the need to legally define the institute of early elections. “All democratic countries have mechanisms for early elections. If a parliamentary majority is not formed within six months after the elections, new elections must follow – regardless of the positions of political parties,” he emphasized.

One of the concluding messages of the conference was that the judgments of the European Court of Human Rights do not order the complete removal of the ethnic principle from the political system, but only prohibit its discriminatory application. This means that everyone in BiH, regardless of ethnicity and place of residence, must have the right to vote and be elected – which the current system largely prevents.

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