ii. Article IX.

Article IX.1 of the Constitution applies to all appointive, elective or other public offices throughout the territory of Bosnia and Herzegovina. As such it also prevents the Presidency, the Chair of the Council of Ministers and the House of Representatives from appointing a Chair, Ministers or Deputy Ministers who are either serving a sentence imposed by the International Criminal Tribunal for the Former Yugoslavia or who are under indictment by the Tribunal and have failed to comply with an order to appear before the Tribunal.

It is worth noting that the Parliamentary Assembly adopted a different version of this provision in the Election Law of Bosnia and Herzegovina and extended the prohibition contained in Article IX.1²⁸³⁵ to bar those serving a sentence or

As long as any political party or coalition maintains such a person in a political party position or function as established in the previous paragraph, that party or coalition shall be deemed ineligible to participate in the elections.”

failing to comply with an order to appear in front of the Tribunal from even registering to vote.

Also, the Election Law contains other eligibility criteria while the Law on Council of Ministers establishes a process for vetting the candidates for ministerial positions. Such a process is meant to assess the suitability of candidates for a particular post and does not affect the eligibility of candidates.

Insofar as the eligibility criteria set forth by Article IX.1 of the Constitution are not and were not meant to be exhaustive, these additional legal requirements do not raise questions under the Constitution.