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The fact that only the House of Representatives intervenes to approve these nominations – as opposed to the House of Representatives and the House of Peoples – seems to reinforce the argument presented above that the Council of Minister is not the location where the interests of the constituent peoples are to be addressed. In its Partial Decision No. III in the Case U 5/98, the Constitutional Court stated that the fact that there is no ethnic model underlying the provisions of the Constitution concerning the Council of Ministers “is evident for the Ministers who are finally elected by the House of Representatives of BiH, which certainly does not represent one, two, or even all of the three constituent peoples only, but the citizens of BiH regardless of their national origin”.2836


Footnotes

  1. Partial Decision U 5/98-III of 1 July 2000 at paragraph 67.

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