Article V.3–Powers

The enumerated powers in paragraph 3 are divided into two categories – those that require a “decision” of the Presidency and those that involve actions of a lesser legal status than a decision, actions such as “reporting,” “coordinating,” and “proposing.”

While the powers of “decision” of Article V.3(a) – (e), are subject to the vital interest clause, the additional “powers” listed in paragraph 3, subparagraphs (f) – (i) are not subject to the vital interest provisions and do not even fall under the constitutional obligation for the Presidency to “endeavour” to achieve consensus for action. These Presidential activities include: proposing an annual budget, reporting on expenditures by the Presidency, coordinating with international organisations, and performing other duties as assigned by the Parliamentary Assembly or the Entities.

Side note: Dayton Error

There was an error in the transcription of the original version of Article V that was signed by the parties as Annex 4 of the General Framework Agreement for Peace. That error was corrected by the first High Representative and should be noted by practitioners. The original version of Article V.2(c) referenced Article III.1(a) – (e) as the subjects that should be decided by consensus decision by the Presidency and subject to the vital interest provisions. Article III.1 is the Constitutional provision that lists the responsibilities of the institutions of BiH.

The correct reference should be to Article V.3(a) – (e), which lists the powers of the Presidency. Most versions of the BiH Constitution currently in use are based on the corrected English version or the local language translations of that corrected English version, which were produced by the Office of the High Representative in 1997. However, the original version, as submitted to the United Nations following the initialling of the GFAP in Dayton, Ohio, does contain the mistaken reference and can cause confusion.