The Coalition for Free and Fair Elections “Under the Magnifying Glass” draws the attention of the public, the Interdepartmental Working Group for Amendments to the Election Legislation, as well as all decision-makers to the fact that there are no legal mechanisms in Bosnia and Herzegovina (BiH) to prevent the so-called “dual functions” which often leads to a classic conflict of interest.
“Double positions represent a situation where a candidate in an election for a certain legislative body is elected to that body, while at the same time continuing to perform a previously obtained or appointed function in the executive branch, usually from the previous election term,” the coalition ”Under the Magnifying Glass” said.
An example is a situation when a person is elected e.g. in the House of Representatives of the Parliamentary Assembly of BiH(PABiH), and at the same time continues to serve as a minister in the Council of Ministers, the Coalition explains.
They noted that this is problematic because it can happen that a person finds himself in a situation of classic conflict of interest, that he decides and makes decisions about his own results or the work of the ministry he heads.
This violates the principle of incompatibility of simultaneous performance of functions in the executive and legislative branches, which is defined by the Election Law of BiH, where it is stated as an exception that this situation is possible only “in the period until the executive bodies elected in regular elections are constituted in the same electoral cycle, “ the statement added.
The Coalition pointed out that “what is characteristic of BiH is that currently there are no legal mechanisms to prevent this phenomenon, which would keep and satisfy the best interests of all involved – primarily the functionality and efficiency of the executive and legislative branches, and also the interests of directly elected officials directly trusted by voters in the elections to represent their interests. ”
E.Dz.
Source: BHRT
