Constitutions of Entities

The issues of whether Bosnia and Herzegovina is a federal State or union of States, whether the Entities are the “States”³⁶¹⁰ (this term is usually avoided in legal acts) or something similar may be a topic of discussion. In any case, the Brčko District, as a part of the Federation of Bosnia and Herzegovina and Republika Srpska is not a State organisation,³⁶¹¹ but an administrative unit of local self-government.³⁶¹² Brčko is a “condominium”³⁶¹³ of both Entities, although the rights and responsibilities relating to the administration of Brčko District have been transferred to the State.³⁶¹⁴ Regardless of the fact that Brčko District is under the exclusive sovereignty of the State of Bosnia and Herzegovina and regardless of the fact that the Entities’ Constitutions are not applicable in the Brčko District, they must be taken into consideration just like the whole legal system of Entities must be taken into consideration. From the constitutional point of view, the authorities of the Brčko District will continue to represent the authorities of the Entities.³⁶¹⁵ These authorities must be executed in close coordination with Entity administrations and the Supervisor is entitled to monitor this process.³⁶¹⁶ Moreover, the Entities’ laws were applicable in the territory of the Brčko District until a certain moment.³⁶¹⁷ Finally, there are special provisions on an independent police force of the Brčko District³⁶¹⁸ and the provisions entitling the Army of the Republika Srpska to pass through the District.³⁶¹⁹