Particularity: Competence to review international interventions

With regard to the appeals directed against interventions of various international actors, the Constitutional Court and Human Rights Chamber have developed an innovative case-law in the field where constitutional law entwines with international law. Neither the BiH Constitution nor Annex 6 clearly provides for this competence. However, there is no provision which explicitly stipulates that such competence is not possible. The problem area relating to the review of international interventions in the internal legal system is even today the subject of heated discussions in cases relating to missions with the aim of achieving or maintaining peace. In principle, there is an agreement that a kind of compliance with the international standards is needed as well as the appropriate mechanisms for control and their application. Both the BiH Constitutional Court and Human Rights Chamber have looked at their practice possible ways to control, on a limited scale, the international influence on internal affairs without jeopardising the effectiveness of a mixed structure agreed in Dayton and composed of national and international protagonists.