ABSTRACT

The state and government structure of Bosnia and Herzegovina (BiH) are defined in constitution which was part of the 1995 Dayton Agreement. The main issues discussed are to what extent the structure which the parties agreed to and the war ended, accommodated reconciliation among the groups, produced a sustainable state and accommodated a democratic structure where the issues which concern the people are the ones addressed by the political elite. It also discusses the limitations to the right to stand for elections to Upper House of Parliament and the presidency. The constitution stated that rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols apply directly in Bosnia and Herzegovina. Some decisions regarding return of displaced persons, return of property and strengthening of the judiciary system represent areas that probably could not have been implemented without the international community over-ruling the representative bodies, given the parliament structure.