Abstract control of constitutionality, organic and federal disputes (Article VI.3(a) of the BiH Constitution)

It is important for the political functioning of a multi-ethnic Bosnia and Herzegovina that the political and national parliamentary minority has the right to institute proceedings of abstract control (review) of constitutionality in order to have a possibility of resolving possible violations of group and minority rights. Most proceedings conducted so far by the Constitutional Court under Article VI.3(a) related to the alleged violations of group rights of the constituent peoples or national minorities. In two out of three decisions on the merits which were taken under Article VI.3(a) of the BiH Constitution in 2003, the Constitutional Court dealt with the violations of ethnic rights of groups. Similarly, in five out of five decisions on the merits which were taken in 2005, the Constitutional Court dealt with the violations of ethnic rights of groups.²⁸⁹⁶