1/1/2023 0 Comments Bonn powers bosnia![]() The renewed use of the Bonn powers 2) and their recent impact to change the BiH Election Law on the evening of the elections as well as constitutional amendments raises the question of the sustainability of this complex post-conflict arrangement in BiH. By their very nature, emergency powers have however to cease together with the emergency originally justifying their use.” 1) The powers can be qualified as emergency powers. “…it is however certainly not a normal situation that an unelected foreigner exercises such powers in a Council of Europe member state and the justification for these powers for the future merits not only political but also legal consideration. In its Opinion on the constitutional situation in BiH, the Venice Commission had critically observed, already in 2005, that Visibly under pressure, the High Representative even had an outburst in front of cameras but maintained that he may impose further changes as well. Dark premonitions were soon dispelled when the High Representative seemingly changed his mind and imposed only technical changes to the Election Law. This caused widespread anxiety in parts of the country and demonstrations in front of the OHR building in Sarajevo. (This would have probably stopped everybody in the country in their tracks, if Sting had not given a concert in Sarajevo, exactly 25 years after U2’s performance.) The first decision was enacted in July 2022 and followed leaked OHR documents implying further ethnic fracturing of the country through changes to the Election Law. ![]() ![]() Just after the polling stations on October 2, 2022, in Bosnia and Herzegovina (BiH) had closed, High Representative Christian Schmidt dropped a bombshell when he imposed changes to the Election Law of BiH as well as 21 amendments to the Constitution of the Federation of BiH. ![]()
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