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Position of The European Convention for the Protection of Human Rights and Fundamental Freedoms in the legal order of Bosnia and Herzegovina

Volume: 147  ,  Issue: 1 , April    Published Date: 25 April 2024
Publisher Name: IJRP
Views: 187  ,  Download: 69 , Pages: 301 - 307    
DOI: 10.47119/IJRP1001471420246298

Authors

# Author Name
1 Vlado Siric
2 Asja Zahirovic

Abstract

This paper will try to describe in more detail the position of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the European Convention) in the legal order of Bosnia and Herzegovina, together with the basic concepts and questions that this relationship raises and brings with it.The European Convention as a constitutional principle, and as a ratified international agreement and one of the supporting pillars of the state structure of Bosnia and Herzegovina, together with the principle of democracy, rule of law and free elections, is directly applicable, and hierarchically above other constitutional provisions.This paper is divided into two thematic units, the first of which refers to the basic characteristics of the European Convention and the second to its specific position in Bosnia and Herzegovina.In the first thematic unit, emphasis is placed on the impact of the European Convention on the legal systems of the Council of Europe countries, the circumstances that led to its adoption and the significant contribution to raising the minimum standard of human rights protection in Europe, which had not existed until then, are listed.In the second thematic unit, which is divided into 4 parts, the constitutional structure of Bosnia and Herzegovina and the incorporation of the European Convention into our legal system are described, together with the advantages and specificities that this relationship brings, which in some cases become inconsistencies.The paper ends with a conclusion in which the authors subjective opinion on the impact of the European Convention on the domestic legal order is presented.

Keywords

  • European Convention on Human Rights
  • Law
  • Bosnia and Herzegovina