E. Brčko District – Constitution and Law - Commentary on BiH Constitution

AMENDMENT I

TO THE CONSTITUTION OF BOSNIA AND HERZEGOVINA

In the Constitution of Bosnia and Herzegovina, a new Article VI(4) shall be added after Article VI(3) and read as follows:

“4. Brčko District of Bosnia and Herzegovina

The Brčko District of Bosnia and Herzegovina, existing under the sovereignty of Bosnia and Herzegovina and falling under the responsibility of the institutions of Bosnia and Herzegovina as arising from the Constitution, which territory is jointly owned by the Entities, shall be a local self-government unit with own institutions, laws and regulations, and powers and statute laid down finally in the decisions of the Arbitration Tribunal for the Dispute over the Inter- Entity Boundary Line in Brčko Area. Relations between the Brčko District of Bosnia and Herzegovina and the institutions of Bosnia and Herzegovina and the Entities may be additionally specified by law enacted by the Parliamentary Assembly of Bosnia and Herzegovina.

The BiH Constitutional Court shall have jurisdiction to decide any dispute in relation to the protection of the established status and powers of the Brčko District of Bosnia and Herzegovina that arises under this Constitution and decisions of the Arbitration Tribunal between an Entity or Entities and the Brčko District of Bosnia and Herzegovina or between Bosnia and Herzegovina and the Brčko District of Bosnia and Herzegovina.

Any such dispute may be referred by a majority of representatives of the Assembly of the Brčko District of Bosnia and Herzegovina including at least one fifth of the members elected from amongst each constituent people.

The current Article VI(4) shall become Article VI(5).

Amendment I to the Constitution of Bosnia and Herzegovina shall enter into force eight days after its publication in the Official Gazette of BiH”.