Form

Pursuant to Article 19, paragraph 4 of the Rules of the Constitutional Court, a referred issue must, above all, contain the title of the challenged act with the name and number of the Official Gazette in which it was published. Furthermore, it must point to the provisions of the Constitution or the ECHR or a law of Bosnia and Herzegovina deemed to have been violated by a norm that is decisive for the mentioned judicial decision, in other words it must point to a general rule of international law whose existence (or scope) is important for the decision of the court referring the issue. Accordingly, the burden rests with the relevant court to substantiate certain claims and present the issue referred, but that burden is not explained in detail. Finally, pursuant to Article 19, paragraph 4 of the Rules of the Constitutional Court of BiH, that request is to be signed by an “authorised person”. Given the fact that an authorised person refers the issue on behalf of the court, that person shall not be a judge assigned to that case, in which instance the request would be inadmissible.³⁵⁵⁸ The authorised person may be a president of the Court.