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It is held that an institution is established by law if it is also established by the High Representative’s decision, which has the force of law.1124 It is necessary to make a distinction between a tribunal established by law and an independent and impartial tribunal.1125


Footnotes

  1. Compare CH/01/7248-A&M, paragraph 209 et seq., with reference to the Independent Media Commission and the Communications Regulatory Agency of Bosnia and Herzegovina.

  2. Compare CH/01/8590 et al.-A&M, paragraph 62 et seq.

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