Additional institutions may be established as necessary to carry out such responsibilities.

This segment of Article III.5(a) is, in our view, a truism, given that the capacity to establish institutions is a subject matter that usually falls within the categories of implied or accessory responsibilities in many constitutional systems.

This straightforward segment of Article III.5(a) has been applied by the Court in a number of cases. In U 42/03, the Court relied, inter alia, on this segment to conclude the constitutionality of State legislation establishing a public broadcasting system.²⁶⁸³ As indicated above, the Court also concluded in U 26/01 that Bosnia and Herzegovina was competent to establish a court at the level of Bosnia and Herzegovina.²⁶⁸⁴ More recently, in U 16/08, the Court reiterated (by reference to its decision in U 26/01) that Bosnia and Herzegovina was authorised to establish additional institutions in the exercise of its responsibilities.²⁶⁸⁵