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Svetozar Pudarić v. Decision of the Court of Bosnia and Herzegovina No. S1 3 Iž 028746 18, Constitutional Court of Bosnia and Herzegovina (Grand Council), 17 July 2018, AP. 3464/18

Abstract

Dismissal of the appeal as inadmissible, since the Court has already ruled on a similar case and the evidence produced on appeal does not show any valid reasons for a change in the previous case-law. 

Normative references

Art. II/4 Constitution of Bosnia and Herzegovina  
Art. VI/3, b) Constitution of Bosnia and Herzegovina
Art. 18/3, e) Regulations of the Constitutional Court of Bosnia and Herzegovina

Ruling

1. According to the provisions of the Constitution and the Electoral Law of Bosnia and Herzegovina, only persons who declare their affiliation with one of the "constituent peoples" can apply for the Presidency of the country and the House of Peoples. However, in addition to the ethnic element, there is also a residency requirement. Thus, only citizens resident in the Republika Srpska and of Serb ethnicity can be elected to the Presidency for the office of Serb member of the Republika Srpska, the same principle applies to Croats and Bosniacs resident in the Federation of Bosnia and Herzegovina. 

2. Despite the fact that the Court recognises that on account of this restriction on the right to vote Bosnia and Herzegovina has already been condemned several times by the European Court of Human Rights for violation of Article 1 of Protocol No. 12 ECHR, and while expressing itself in favour of amending the provisions which are contrary to the principles of the ECHR, it also states at the same time that it is for the Parliamentary Assembly to resolve the matter.
(The applicant complained that his right to vote had been infringed, as he was an ethnic Serb living in the Federation of Bosnia and Herzegovina and could not put forward his candidature for the Presidency).