Review Criteria

As to the Constitutional Court, its review criterion is definitely the Constitution of BiH. Moreover, Article VI.3(c) of the Constitution explicitly refers to the ECHR and its additional protocols, which is understandable if the principle of applicability under Article II.2 of the BiH Constitution is taken into consideration. Given that the international-legal instruments for the protection of human rights and fundamental freedoms under Annex 1 to the BiH Constitution are also applied in BiH,³⁵⁵⁰ they are considered to be criteria as well. Finally, the provisions referred for review should be examined by taking the laws of BiH as a criterion, too. This explicit reference to State laws, as criteria for review, is important because in that way a hierarchy of norms is underlined once again, as stipulated under Article II.2, second sentence, and Articles II.6, III.3(b) and VI.3(a) of the BiH Constitution. Therefore, the administrative acts or collective agreements from the field of labour law are not appropriate criteria for review within the framework of Article VI.3(c).³⁵⁵¹