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Constitutional Court of Bosnia and Herzegovina (Ustavni sud Bosne i Hercegovine), No. AP-35/03, 28 January 2005

Abstract

Request to cancel the elections for representatives to the House of Peoples. 

Normative references

Art. 1, par. 2, Constitution
Art. 1, par. 14, Electoral Law

Ruling

1. Elections are the fundamental moment in the exercise of electoral rights. The moment in which the will of the people is expressed.

2. The election of representatives to the House of Peoples of Bosnia and Herzegovina takes place indirectly by the cantonal parliaments. This means that the results obtained by the various parties in the general elections do not necessarily have to coincide with the choices made by the cantonal parliaments, which is why the Court rejects the application for annulment of the elections.
(Representatives of the SDP had requested the annulment of the elections of the members of the House of Peoples because the number of those elected was not proportional to the seats obtained by the various parties in the elections).