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124-410: The idea to create a Commission for Democracy through Law as a group of experts in constitutional law was conceived by the then Minister for Community Policies of Italy, Antonio Mario La Pergola . The election of the name was based on the theory of La Pergola that expressed that sustainable democracies could only be built in a constitutional framework based on the rule of law . The formal proposal for

248-419: A jus commune , or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law , conventions , statutory law , judge-made law , or international rules and norms . Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as

372-540: A class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues. The doctrine of the rule of law dictates that government must be conducted according to law. This was first established by British legal theorist A. V. Dicey . Dicey identified three essential elements of the British Constitution which were indicative of

496-533: A complex system of social differentiation by class and religious affiliation. Following Ottoman occupation, there was a steady flow of people out of Bosnia and a large number of abandoned villages in Bosnia are mentioned in the Ottoman registers, while those who stayed eventually became Muslims . Many Catholics in Bosnia fled to neighboring Catholic lands in the early Ottoman occupation. The evidence indicates that

620-545: A constitution establishes a federal state for instance as seen in India, it will identify multiple levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. Some federal states, most notably the United States, have separate and parallel federal and state judiciaries, with each having its own hierarchy of courts with a supreme court for each state. India , on

744-520: A distinct culture and art form, started to organize itself in today's Slovenia , Croatia , Bosnia and Herzegovina, Serbia , Kosovo , Montenegro and Albania . From the 8th century BCE, Illyrian tribes evolved into kingdoms. The earliest recorded kingdom in Illyria was the Enchele in the 8th century BCE. The Autariatae under Pleurias (337 BCE) were considered to have been a kingdom. The Kingdom of

868-510: A draft opinion on whether the legislative text meets the democratic standards in its field and on how to improve it on the basis of common experience. The draft opinion is discussed and adopted by the Venice Commission during a plenary session, usually in the presence of representatives from that country. After adoption, the opinion becomes public and is forwarded to the requesting body. Although its opinions are generally reflected in

992-707: A form of the name " Bosnia " is in De Administrando Imperio , a politico-geographical handbook written by the Byzantine emperor Constantine VII in the mid-10th century (between 948 and 952) describing the "small land" ( χωρίον in Greek ) of "Bosona" ( Βοσώνα ), where the Serbs dwell. Bosnia was also mentioned in the DAI (χωριον βοσονα, small land of Bosnia), as a region of Baptized Serbia. The section of

1116-521: A large component of the Ottoman ranks in the battles of Mohács and Krbava field , while numerous other Bosnians rose through the ranks of the Ottoman military to occupy the highest positions of power in the Empire, including admirals such as Matrakçı Nasuh ; generals such as Isa-Beg Ishaković , Gazi Husrev-beg , Telli Hasan Pasha and Sarı Süleyman Pasha ; administrators such as Ferhad Pasha Sokolović and Osman Gradaščević ; and Grand Viziers such as

1240-455: A number of death camps . The regime systematically and brutally massacred Serbs in villages in the countryside, using a variety of tools. The scale of the violence meant that approximately every sixth Serb living in Bosnia and Herzegovina was the victim of a massacre and virtually every Serb had a family member that was killed in the war, mostly by the Ustaše. The experience had a profound impact in

1364-697: A revolt spanned for four years (6–9 AD), after which they were subdued. In the Roman period, Latin-speaking settlers from the entire Roman Empire settled among the Illyrians, and Roman soldiers were encouraged to retire in the region. Following the split of the Empire between 337 and 395 AD, Dalmatia and Pannonia became parts of the Western Roman Empire . The region was conquered by the Ostrogoths in 455 AD. It subsequently changed hands between

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1488-701: A serious threat to the rule of law in Poland. This legislation included around 6 specific laws, ranging from a chronology requirement, where the Tribunal had to decide cases in order that they came in which effectively allowed the newer government greater leverage with the most recent laws it has passed, to a 6-month requirement for the Court to review laws. On 23 December 2015, the Polish Minister for Foreign Affairs, Witold Waszczykowski , requested an opinion from

1612-696: A state of relative stability was reached soon enough and Austro-Hungarian authorities were able to embark on a number of social and administrative reforms they intended would make Bosnia and Herzegovina into a "model" colony. Habsburg rule had several key concerns in Bosnia. It tried to dissipate the South Slav nationalism by disputing the earlier Serb and Croat claims to Bosnia and encouraging identification of Bosnian or Bosniak identity. Habsburg rule also tried to provide for modernisation by codifying laws, introducing new political institutions, establishing and expanding industries. Austria–Hungary began to plan

1736-575: A third unit, the Brčko District , which is governed by its own local government. Bosnia and Herzegovina is a developing country and ranks 74th in the Human Development Index . Its economy is dominated by industry and agriculture, followed by tourism and the service sector. Tourism has increased significantly in recent years. The country has a social-security and universal-healthcare system, and primary and secondary level education

1860-627: A viable legal text. It may also be possible for an agreement on a legal text to foster a political solution. For this reason the Venice Commission pays particular attention to countries which are going through or have gone through ethno-political conflicts. In this context, at the European Union's request, the Venice Commission has played an important role in developing and interpreting the constitutional law of Bosnia and Herzegovina , North Macedonia , Serbia and Montenegro as well as that of Kosovo . It has also been involved in efforts to settle

1984-480: A wide range of topics: the system of checks and balances, and the relations amongst different branches of power, the territorial organisation of the States, principles of the rule of law, fundamental rights and freedoms, organisation of the bodies of the constitutional justice, the governance of the judiciary and of the prosecution service, status and powers of ombudspersons, reforms of the electoral system, regulations on

2108-475: Is a body of law which defines the role, powers, and structure of different entities within a state , namely, the executive , the parliament or legislature , and the judiciary ; as well as the basic rights of citizens and, in federal countries such as the United States and Canada , the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions , though all such states have

2232-453: Is a constitutional principle deriving from the common law. John Entick 's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, "The great end, for which men entered into society,

2356-599: Is a country in Southeast Europe , situated on the Balkan Peninsula . It borders Serbia to the east, Montenegro to the southeast, and Croatia to the north and southwest. In the south it has a 20 kilometres (12 miles) long coast on the Adriatic Sea , with the town of Neum being its only access to the sea. Bosnia has a moderate continental climate with hot summers and cold, snowy winters. In

2480-413: Is above the law...every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals" The third is that the general ideas and principles that the constitution supports arise directly from the judgements and precedents issued by the judiciary. "We may say that the constitution is pervaded by the rule of law on the ground that

2604-594: Is also believed to be first mentioned as a land (horion Bosona) in Byzantine Emperor Constantine Porphyrogenitus' De Administrando Imperio in the mid 10th century, at the end of a chapter entitled Of the Serbs and the country in which they now dwell . This has been scholarly interpreted in several ways and used especially by the Serb national ideologists to prove Bosnia as originally a "Serb" land. Other scholars have asserted

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2728-532: Is another instance where a codified constitution, with the Canadian Charter of Rights and Freedoms , protects human rights for people under the nation's jurisdiction. Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute , case law and convention . A case named Entick v. Carrington

2852-646: Is entitled to vote , voter registration , ballot access , campaign finance and party funding , redistricting , apportionment , electronic voting and voting machines , accessibility of elections, election systems and formulas, vote counting , election disputes, referendums , and issues such as electoral fraud and electoral silence . Bosnia and Herzegovina in Europe  (dark grey) Bosnia and Herzegovina ( Serbo-Croatian : Bosna i Hercegovina , Босна и Херцеговина ), sometimes known as Bosnia-Herzegovina and informally as Bosnia ,

2976-1001: Is free. It is a member of the UN , the Organization for Security and Co-operation in Europe , the Council of Europe , the Partnership for Peace , and the Central European Free Trade Agreement ; it is also a founding member of the Union for the Mediterranean , established in July 2008. Bosnia and Herzegovina is an EU candidate country and has also been a candidate for NATO membership since April 2010. The first preserved widely acknowledged mention of

3100-629: Is rule of law in danger, but so is democracy and human rights". According to Article 186 from the Polish Constitution , the National Council of the Judiciary (NCJ) is a constitutional organ that "shall safeguard the independence of courts and judges". Its main responsibilities lie in appointing judges, reviewing the professional ethic standards regarding the judiciary, a general overview of any judiciary matters and overall --

3224-756: Is scarce, but overall it appears the region was populated by a number of different peoples speaking distinct languages. In the Neretva Delta in the south, there were important Hellenistic influences of the Illyrian Daors tribe. Their capital was Daorson in Ošanići near Stolac . Daorson, in the 4th century BCE, was surrounded by megalithic , 5 m high stonewalls (as large as those of Mycenae in Greece), composed of large trapezoid stone blocks. Daors made unique bronze coins and sculptures. Conflict between

3348-540: Is subject to scholarly debate, came to predominate over the Slavs in the neighbouring regions. Croats "settled in area roughly corresponding to modern Croatia, and probably also including most of Bosnia proper, apart from the eastern strip of the Drina valley" while Serbs "corresponding to modern south-western Serbia (later known as Raška ), and gradually extended their rule into the territories of Duklja and Hum ". Bosnia

3472-758: The Alans and the Huns . By the 6th century, Emperor Justinian I had reconquered the area for the Byzantine Empire . Slavs overwhelmed the Balkans in the 6th and 7th centuries. Illyrian cultural traits were adopted by the South Slavs, as evidenced in certain customs and traditions, placenames, etc. The Early Slavs raided the Western Balkans, including Bosnia, in the 6th and early 7th century (amid

3596-729: The Ardiaei (originally a tribe from the Neretva valley region) began at 230 BCE and ended at 167 BCE. The most notable Illyrian kingdoms and dynasties were those of Bardylis of the Dardani and of Agron of the Ardiaei who created the last and best-known Illyrian kingdom. Agron ruled over the Ardiaei and had extended his rule to other tribes as well. From the 7th century BCE, bronze was replaced by iron, after which only jewelry and art objects were still made out of bronze. Illyrian tribes, under

3720-729: The Banate of Bosnia was established; by the 14th century, this had evolved into the Kingdom of Bosnia . In the mid-15th century, it was annexed into the Ottoman Empire , under whose rule it remained until the late 19th century; the Ottomans brought Islam to the region. From the late 19th century until World War I , the country was annexed into the Austro-Hungarian monarchy . In the interwar period , Bosnia and Herzegovina

3844-547: The Bosnia Eyalet until the formation of the short-lived Herzegovina Eyalet in the 1830s, which reemerged in the 1850s, after which the administrative region became commonly known as Bosnia and Herzegovina . On initial proclamation of independence in 1992 , the country's official name was the Republic of Bosnia and Herzegovina , but following the 1995 Dayton Agreement and the new constitution that accompanied it,

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3968-580: The Bosnian parliament and growth of new political life. On 28 June 1914, Gavrilo Princip , a Bosnian Serb member of the revolutionary movement Young Bosnia , assassinated the heir to the Austro-Hungarian throne, Archduke Franz Ferdinand , in Sarajevo—an event that was the spark that set off World War I . At the end of the war, the Bosniaks had lost more men per capita than any other ethnic group in

4092-585: The Istanbul government might seek the outright return of Bosnia and Herzegovina. These factors caused the Austro-Hungarian government to seek a permanent resolution of the Bosnian question sooner, rather than later. Taking advantage of turmoil in the Ottoman Empire, Austro-Hungarian diplomacy tried to obtain provisional Russian approval for changes over the status of Bosnia and Herzegovina and published

4216-766: The Migration Period ), and were composed of small tribal units drawn from a single Slavic confederation known to the Byzantines as the Sclaveni (whilst the related Antes , roughly speaking, colonized the eastern portions of the Balkans). Tribes recorded by the ethnonyms of "Serb" and "Croat" are described as a second, latter, migration of different people during the second quarter of the 7th century who could or could not have been particularly numerous; these early "Serb" and "Croat" tribes, whose exact identity

4340-581: The Neolithic age, permanent human settlements were established, including those that belonged to the Butmir , Kakanj , and Vučedol cultures. After the arrival of the first Indo-Europeans , the area was populated by several Illyrian and Celtic civilizations. The ancestors of the South Slavic peoples that populate the area today arrived during the 6th through the 9th century. In the 12th century,

4464-630: The Soviet Union and Yugoslavia also participated as observers in this meeting. On 10 May 1990 ministers from 18 countries ( Austria , Belgium , Cyprus , Denmark , Finland , France , Greece , Ireland , Italy , Luxembourg , Malta , Norway , Portugal , San Marino , Spain , Sweden , Switzerland and Turkey ) of the Council of Europe adopted the statute of the Commission. Starting with 18 member states , soon all member states of

4588-532: The civil law jurisdictions do not share the same constitutional law underpinnings. Common law nations, such as those in the Commonwealth as well as the United States, derive their legal systems from that of the United Kingdom, and as such place emphasis on judicial precedent, whereby consequential court rulings (especially those by higher courts) are a source of law . Civil law jurisdictions, on

4712-454: The executive , and the judiciary are known as the horizontal separation of powers. The first and the second are harmonized in traditional Westminster system . Vertical separation of powers is decentralization. Election law is a subfield of constitutional law. It includes the rules governing the process of elections. These rules enable the translation of the will of the people into functioning democracies . Election law addresses issues who

4836-586: The 11th century, although it retained its own nobility and institutions. In the High Middle Ages , political circumstance led to the area being contested between the Kingdom of Hungary and the Byzantine Empire. Following another shift of power between the two in the early 12th century, Bosnia found itself outside the control of both and emerged as the Banate of Bosnia (under the rule of local bans ). The first Bosnian ban known by name

4960-437: The 4th century BCE, the first invasion of Celts is recorded. They brought the technique of the pottery wheel , new types of fibulas and different bronze and iron belts. They only passed on their way to Greece, so their influence in Bosnia and Herzegovina is negligible. Celtic migrations displaced many Illyrian tribes from their former lands, but some Celtic and Illyrian tribes mixed. Concrete historical evidence for this period

5084-521: The Bosnian heartland. Following his death in 1391, however, Bosnia fell into a long period of decline. The Ottoman Empire had started its conquest of Europe and posed a major threat to the Balkans throughout the first half of the 15th century. Finally, after decades of political and social instability, the Kingdom of Bosnia ceased to exist in 1463 after its conquest by the Ottoman Empire. There

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5208-732: The Catholic population as a whole) were protected by official imperial decrees and in accordance and the full extent of Ottoman laws; however, in effect, these often merely affected arbitrary rule and behavior of powerful local elite. As the Ottoman Empire continued its rule in the Balkans ( Rumelia ), Bosnia was somewhat relieved of the pressures of being a frontier province and experienced a period of general welfare. A number of cities, such as Sarajevo and Mostar , were established and grew into regional centers of trade and urban culture and were then visited by Ottoman traveler Evliya Çelebi in 1648. Within these cities, various Ottoman Sultans financed

5332-502: The Commission. The Secretary heads the Commission's secretariat at the Council of Europe's headquarters in Strasbourg . The Commission’s prime function is to provide constitutional assistance to member states. This assistance mainly comes in the form of Opinions. These Opinions relate to draft constitutions or constitutional amendments, or to other draft or legislation in force. The Venice Commission Opinions on specific countries cover

5456-635: The Constitutional Courts of the 21 countries of the Council of Europe . The committee of ministers, seeking to assist the countries of Central and Eastern Europe , approved the creation of the Commission as a partial agreement at the session in Venice from 19 to 20 January 1990. The Foreign Affairs and Justice Ministers of Bulgaria , Czechoslovakia , Hungary , Poland , the German Democratic Republic , Romania ,

5580-442: The Council of Europe joined the Venice Commission and since 2002 non-European states can also become full members. As of 2023, the Commission counts 61 member states – the 46 member states of the Council of Europe and 15 other countries. There are four observers. The Palestinian National Authority and South Africa have a special co-operation status. The EU, OSCE / ODIHR , and OAS (Organization of American States) participate in

5704-403: The Czech Republic, Georgia, Hungary, Lithuania, the Republic of Moldova, Romania and the Russian Federation, there seems to be a consensus about having two-thirds as the quorum that would allow the Constitutional Court to decide; the German Federal Constitutional Court, on the other hand, has a three-fourths requirement in both of its eight-member chambers. However, the new requirement introduced by

5828-428: The Empire's westernmost province. The 18th century was marked by further military failures, numerous revolts within Bosnia, and several outbreaks of plague. The Porte's efforts at modernizing the Ottoman state were met with distrust growing to hostility in Bosnia, where local aristocrats stood to lose much through the proposed Tanzimat reforms. This, combined with frustrations over territorial, political concessions in

5952-449: The European Union which was intended to be included in the Treaty establishing a Constitution for Europe , that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter . These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Canada

6076-515: The European Union asked the candidate countries of Ukraine and Moldova , and the applicant country of Georgia to implement various reforms suggested by the Venice Commission in order to proceed with EU integration. In 2009, the Venice Commission attracted rare news coverage for its opinion that " blasphemy should not be illegal". As part of its report, European Commission for Democracy Through Law: Code of Good Practice in Electoral Matters, Guidelines and Explanatory Reports adopted October 2002 ,

6200-407: The European common values in the field of elections – the principles of the European electoral heritage. The Commission identifies and develops standards in the area of elections through: Another branch of the Commission's activities includes co-operation with the constitutional courts and equivalent bodies. Since its creation, the Venice Commission has been aware that it is not sufficient to assist

6324-437: The Habsburg Empire whilst serving in the Bosnian-Herzegovinian Infantry (known as Bosniaken ) of the Austro-Hungarian Army . Nonetheless, Bosnia and Herzegovina as a whole managed to escape the conflict relatively unscathed. The Austro-Hungarian authorities established an auxiliary militia known as the Schutzkorps with a moot role in the empire's policy of anti-Serb repression. Schutzkorps, predominantly recruited among

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6448-464: The Illyrians and Romans started in 229 BCE, but Rome did not complete its annexation of the region until AD 9. It was precisely in modern-day Bosnia and Herzegovina that Rome fought one of the most difficult battles in its history since the Punic Wars , as described by the Roman historian Suetonius . This was the Roman campaign against Illyricum , known as Bellum Batonianum . The conflict arose after an attempt to recruit Illyrians, and

6572-701: The Muslim (Bosniak) population, were tasked with hunting down rebel Serbs (the Chetniks and Komitadji ) and became known for their persecution of Serbs particularly in Serb populated areas of eastern Bosnia, where they partly retaliated against Serbian Chetniks who in fall 1914 had carried out attacks against the Muslim population in the area. The proceedings of the Austro-Hungarian authorities led to around 5,500 citizens of Serb ethnicity in Bosnia and Herzegovina being arrested, and between 700 and 2,200 died in prison while 460 were executed. Around 5,200 Serb families were forcibly expelled from Bosnia and Herzegovina. Following World War I, Bosnia and Herzegovina joined

6696-449: The NCJ's Statute "unconstitutional", which paved the way for the new legislation. Among the most controversial changes were the rules on the composition of this body, whereby the adoption of this legislation forced the premature ending of the term of the contemporary members and further politicized the process of the election of the new ones. To summarize, in a period of only two years after PiS election there have been 13 laws that transformed

6820-573: The Opinion 904/2017, where it clearly underlines that "the judiciary should be insulated from quickly changing political winds". In addition, towards the end the Commission focuses on the legal Polish puzzle as a whole and concludes that "each of them [the new laws]... [put] at serious risks the independence of all parts of the judiciary in Poland". Since 2015, the Venice Commission was included in process of legislative reform and regulation of various legal issues related to religious freedoms and rights of religious communities in Montenegro . First opinion of

6944-432: The Ottomans. Quite a few Vlachs also became Islamized in Bosnia, and some (mainly in Croatia) became Catholics. The four centuries of Ottoman rule also had a drastic impact on Bosnia's population make-up, which changed several times as a result of the empire's conquests, frequent wars with European powers, forced and economic migrations, and epidemics. A native Slavic-speaking Muslim community emerged and eventually became

7068-400: The Parliamentary Assembly of the Council of Europe, studies and reports addressing topics of general interest in the member and observer states. Transnational topics are also covered in the Unidem seminars (University for Democracy) and published in the Science and Technique of Democracy collection. Comparative studies on topics to do with the functioning of democracy offer initial overviews of

7192-399: The Polish legislator with 13 judges out of 15 judges to have quorum goes beyond the established standards according to the Commission. While European legislators agree for the need of quorum that goes above an absolute majority, the Commission warns that the proposed changes could lead to inefficiency and make the Tribunal "dysfunctional". In addition, the Commission reviews the "sequence rule",

7316-399: The Proto-Indo-European root bʰegʷ- , meaning "the running water". According to the English medievalist William Miller , the Slavic settlers in Bosnia "adapted the Latin designation ... Basante, to their own idiom by calling the stream Bosna and themselves Bosniaks ". The name Herzegovina means "herzog's [land]", and "herzog" derives from the German word for "duke". It originates from

7440-401: The South Slav Kingdom of Serbs, Croats and Slovenes (soon renamed Yugoslavia). Political life in Bosnia and Herzegovina at this time was marked by two major trends: social and economic unrest over property redistribution and the formation of several political parties that frequently changed coalitions and alliances with parties in other Yugoslav regions. The dominant ideological conflict of

7564-425: The Tribunal, the Commission stated its 2006 Opinion related to the Romanian Constitutional Court and upheld that "it must be ensured that the Constitutional Court as the guarantor of the Constitution remains functioning as a democratic institution". Additionally, in an opinion related to the Constitutional Court of Albania that posed the question of whether the judges sitting at the Court could be involved in assessing

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7688-401: The United Kingdom , rely heavily on uncodified rules, as several legislative statutes and constitutional conventions , their status within constitutional law varies, and the terms of conventions are in some cases strongly contested. Constitutional laws can be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary,

7812-426: The VC on the initial draft law on freedom of religion in Montenegro, was issued in November 2015. It was followed by a prolonged period of internal consultations and additional deliberations in Montenegro, resulting in the creation of a new draft law, that was followed by another opinion of the VC, issued in June 2019, recommending various improvements and clarifications. Constitutional law Constitutional law

7936-426: The Venice Commission on the proposed changes to the Polish Constitutional Tribunal . However, in absence of vacatio legis , the legislation entered into force which: a) prevented the Commission's recommendations to be incorporated and improve the law before it had legal effect, and b) imposed a special mechanism of control on the Constitutional Tribunal which was effectively disabled from exercising its powers because

8060-458: The Venice Commission recommended a number of considerations, also when dealing with issues of boundary delimitation . The 2015 Polish parliamentary elections saw the victory of the Law and Justice Party (PiS) with an outright majority against the incumbent Civic Platform party. Before the elections were held, the ruling Civic Platform party changed the Act on the Constitutional Tribunal that prevented judges from being elected before their term

8184-405: The Venice Commission to issue an opinion on the compatibility of the NCJ reforms in line with Council of Europe's rule of law standards. By looking at the new method of election of NCJ members, the early termination of the mandate of the current members, the creation of new chambers, early retirement of senior judges, and extraordinary review of final judgments, among others, the Commission has issued

8308-416: The Venice Commission's work. The opinions adopted by the Commission are not binding but are mostly followed by member states. The areas of the Commission's activities are as follows: The aim of the assistance given by the Venice Commission is to provide a complete, precise, and objective analysis of the compatibility of laws and constitutional provisions with European and international standards, but also of

8432-421: The Venice Commission, the Parliamentary Assembly of the Council of Europe (PACE) and the Congress of Local and Regional Authorities of the Council of Europe . The aim of the Council for Democratic Elections is to ensure co-operation in the electoral field between the Venice Commission as a legal body and the Parliamentary Assembly and the Congress of the Council of Europe as political bodies, in order to promote

8556-560: The Yugoslav state, between Croatian regionalism and Serbian centralization, was approached differently by Bosnia and Herzegovina's major ethnic groups and was dependent on the overall political atmosphere. The political reforms brought about in the newly established Yugoslavian kingdom saw few benefits for the Bosnian Muslims; according to the 1910 final census of land ownership and population according to religious affiliation conducted in Austria-Hungary, Muslims owned 91.1%, Orthodox Serbs owned 6.0%, Croat Catholics owned 2.6% and others, 0.3% of

8680-403: The adopted legislation, the Venice Commission does not impose its solutions, but adopts a non-directive approach based on dialogue. For this reason the working group, as a rule, visits the country concerned and meets with the different political actors involved in the issue in order to ensure the most objective view of the situation. A political agreement settling a conflict should be supported by

8804-412: The annexation of Bosnia, but due to international disputes the issue was not resolved until the annexation crisis of 1908. Several external matters affected the status of Bosnia and its relationship with Austria–Hungary. A bloody coup occurred in Serbia in 1903, which brought a radical anti-Austrian government into power in Belgrade . Then in 1908, the revolt in the Ottoman Empire raised concerns that

8928-463: The annexation proclamation on 6 October 1908. Despite international objections to the Austro-Hungarian annexation, Russians and their client state, Serbia, were compelled to accept the Austro-Hungarian annexation of Bosnia and Herzegovina in March 1909. In 1910, Habsburg Emperor Franz Joseph proclaimed the first constitution in Bosnia, which led to relaxation of earlier laws, elections and formation of

9052-471: The central and eastern regions, the geography is mountainous, in the northwest it is moderately hilly, and in the northeast it is predominantly flat. Herzegovina , the smaller, southern region, has a Mediterranean climate and is mostly mountainous. Sarajevo is the capital and the largest city. The area has been inhabited since at least the Upper Paleolithic , but evidence suggests that during

9176-468: The collective memory of Serbs in Croatia and Bosnia and Herzegovina. An estimated 209,000 Serbs or 16.9% of its Bosnia population were killed on the territory of Bosnia and Herzegovina during the war. The Ustaše recognized both Catholicism and Islam as the national religions, but held the position Eastern Orthodox Church , as a symbol of Serb identity, was their greatest foe. Although Croats were by far

9300-481: The concept of a separate Bosnian division receiving little or no consideration. The Cvetković-Maček Agreement that created the Croatian banate in 1939 encouraged what was essentially a partition of Bosnia and Herzegovina between Croatia and Serbia. However the rising threat of Adolf Hitler 's Nazi Germany forced Yugoslav politicians to shift their attention. Following a period that saw attempts at appeasement,

9424-522: The conflicts on the status of Abkhazia and South Ossetia in Georgia and Transnistria in Moldova . The Commission drafts opinions, initiates studies and organises conferences inter alia on: The work of the Commission in the field of elections, referendums and political parties is steered by the Council for Democratic Elections (CDE). The CDE is a unique tripartite body made up of representatives of

9548-425: The constitution. In bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election . Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take

9672-448: The constitutionality of laws that affected them, the Commission again upheld that "the authorization of the Court derives from the necessity to make sure that no law is exempt from constitutional review, including laws that relate to the position of judges...". The Commission commented specifically on the quorum through a comparative lens. It mentioned that in other European Countries, such as Albania, Austria, Azerbaijan, Belarus, Bulgaria,

9796-681: The construction of many works of Bosnian architecture such as the country's first library in Sarajevo, madrassas , a school of Sufi philosophy , and a clock tower ( Sahat Kula ), bridges such as the Stari Most , the Emperor's Mosque and the Gazi Husrev-beg Mosque . Furthermore, several Bosnian Muslims played influential roles in the Ottoman Empire's cultural and political history during this time. Bosnian recruits formed

9920-421: The country's history and introduced drastic changes in the political and cultural landscape. The Ottomans incorporated Bosnia as an integral province of the Ottoman Empire with its historical name and territorial integrity. Within Bosnia, the Ottomans introduced a number of key changes in the territory's socio-political administration; including a new landholding system, a reorganization of administrative units, and

10044-502: The courts as completely independent from both the legislature and law enforcement. Human rights law in these countries is as a result, largely built on legal precedent in the courts' interpretation of constitutional law, whereas that of civil law countries is almost exclusively composed of codified law, constitutional or otherwise. Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter

10168-871: The creation of the commission was made by the Italian Minister of Foreign Affairs , Gianni De Michelis , who invited the other Foreign Affairs ministers of the Council of Europe to the Conference for the Creation of the European Commission for Democracy through Law that was held at the Giorgio Cini Foundation in San Giorgio Maggiore , Venice from 31 March to 1 April 1989. At this meeting, Foreign Affairs and Justice ministers reunited with representatives of

10292-596: The early Muslim conversions in Ottoman Bosnia in the 15th–16th century were among the locals who stayed rather than mass Muslim settlements from outside Bosnia. In Herzegovina, many Orthodox people had also embraced Islam. By the late 16th and early 17th century, Muslims are considered to have become an absolute majority in Bosnia and Herzegovina. The Albanian Catholic priest Pjetër Mazreku reported in 1624 that there were 450,000 Muslims, 150,000 Catholics and 75,000 Eastern Orthodox in Bosnia and Herzegovina. There

10416-429: The general principles of the constitution... are with us the result of judicial decisions determining the rights of private persons in particular cases brought before the courts" Separation of powers is often regarded as a second limb functioning alongside the rule of law to curb the powers of the government. In many modern nation states, power is divided and vested into three branches of government: The legislature ,

10540-467: The handbook is devoted to the Serbian prince 's lands, and Bosnia is treated as a separate territory, though one that is particularly dependent on Serbs. The name of the land is believed to derive from the name of the river Bosna that courses through the Bosnian heartland. According to philologist Anton Mayer, the name Bosna could derive from Illyrian *"Bass-an-as", which in turn could derive from

10664-519: The inclusion of Bosnia in the chapter to merely be the result of Serbian Grand Duke Časlav 's temporary rule over Bosnia at the time, while also pointing out Porphyrogenitus does not say anywhere explicitly that Bosnia is a "Serb land". In fact, the very translation of the critical sentence where the word Bosona (Bosnia) appears is subject to varying interpretation. In time, Bosnia formed a unit under its own ruler, who called himself Bosnian. Bosnia, along with other territories, became part of Duklja in

10788-638: The influence of Hallstatt cultures to the north, formed regional centers that were slightly different. Parts of Central Bosnia were inhabited by the Daesitiates tribe, most commonly associated with the Central Bosnian cultural group . The Iron Age Glasinac-Mati culture is associated with the Autariatae tribe. A very important role in their life was the cult of the dead, which is seen in their careful burials and burial ceremonies, as well as

10912-561: The influential Sokollu Mehmed Pasha and Damat Ibrahim Pasha . Some Bosnians emerged as Sufi mystics, scholars such as Muhamed Hevaji Uskufi Bosnevi , Ali Džabić ; and poets in the Turkish , Albanian , Arabic , and Persian languages . However, by the late 17th century the Empire's military misfortunes caught up with the country, and the end of the Great Turkish War with the treaty of Karlowitz in 1699 again made Bosnia

11036-669: The judges to be sworn in and at the same time, the Polish Constitutional Tribunal , decided that three of the five judges were properly elected and should be sworn in out of the five appointed judges. Nonetheless, none of the judges were sworn in by the President and the governing PiS appointed five judges, passing a series of legislation related to the Tribunal that was characterized by the European Union in its first Rule of Law Recommendation as posing

11160-641: The judiciary branch and the structure of Polish justice system, from the Constitutional Tribunal, the NCJ, to the lower courts across the country. As a result, the European Commission has established that the constitutionality of national legislation "can no longer be guaranteed" and the independence of the judicial branch has been undermined. The President of the Parliamentary Assembly of the Council of Europe (PACE) has requested

11284-578: The largest group, Serbs the second-largest, and Croats the third-largest. Minorities include Jews , Roma , Albanians, Montenegrins, Ukrainians and Turks . Bosnia and Herzegovina has a bicameral legislature and a three-member presidency made up of one member from each of the three major ethnic groups. However, the central government's power is highly limited, as the country is largely decentralized. It comprises two autonomous entities—the Federation of Bosnia and Herzegovina and Republika Srpska —and

11408-498: The largest of the ethno-religious groups due to a lack of strong Christian church organizations and continuous rivalry between the Orthodox and Catholic churches, while the indigenous Bosnian Church disappeared altogether (ostensibly by conversion of its members to Islam). The Ottomans referred to them as kristianlar while the Orthodox and Catholics were called gebir or kafir , meaning "unbeliever". The Bosnian Franciscans (and

11532-420: The law in various countries. Such a comparative approach then makes it possible to identify constitutional values that are shared throughout Europe and, where relevant, any areas of weakness. The third stage is that of harmonisation, in which, on the basis of Commission recommendations, the principles concerned are incorporated into the law of those countries where they have not yet been established. In June 2022,

11656-414: The legislation changes had already been implemented. To illustrate the latter point, since the Court had at the time only 12 sitting judges, it could not review the constitutionality of current laws, as the new legislation required quorum of 13 judges. Before examining further the principles of the new Polish legislation, and in line with the aforementioned mechanism that effectively suspends the efficiency of

11780-427: The legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a unitary state , the constitution will vest ultimate authority in one central administration and legislature , and judiciary , though there is often a delegation of power or authority to local or municipal authorities. When

11904-420: The majority for adopting decisions (2/3), and the delay on hearings, as procedural aspects, along with the disciplinary proceedings and the Tribunal's composition -- all parts of the new legislation. The Opinion 833/2015 concludes by highlighting that for the achievement of checks and balances in a constitutional democracy, an independent Constitutional Court is needed, and so long there is a lack thereof, "not only

12028-787: The north-east, and the plight of Slavic Muslim refugees arriving from the Sanjak of Smederevo into Bosnia Eyalet , culminated in a partially unsuccessful revolt by Husein Gradaščević , who endorsed a Bosnia Eyalet autonomous from the authoritarian rule of the Ottoman Sultan Mahmud II , who persecuted, executed and abolished the Janissaries and reduced the role of autonomous Pashas in Rumelia. Mahmud II sent his Grand vizier to subdue Bosnia Eyalet and succeeded only with

12152-531: The occupation and administration of Bosnia and Herzegovina, and he also obtained the right to station garrisons in the Sanjak of Novi Pazar , which would remain under Ottoman administration until 1908, when the Austro-Hungarian troops withdrew from the Sanjak. Although Austro-Hungarian officials quickly came to an agreement with the Bosnians, tensions remained and a mass emigration of Bosnians occurred. However,

12276-576: The official name was changed to Bosnia and Herzegovina. Bosnia has been inhabited by humans since at least the Paleolithic , as one of the oldest cave paintings was found in Badanj cave . Major Neolithic cultures such as the Butmir and Kakanj were present along the river Bosna dated from c.  6230 BCE – c.  4900 BCE . The bronze culture of the Illyrians , an ethnic group with

12400-603: The other hand, has one judiciary divided into district courts, high courts, and the Supreme Court of India . Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France , have a codified constitution, with a bill of rights . A recent example is the Charter of Fundamental Rights of

12524-407: The other hand, place less emphasis on judicial review and only the parliament or legislature has the power to effect law. As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial . Common law judicatures consequently separate the judiciary from the prosecution, thereby establishing

12648-459: The plenary sessions of the Commission. The members are "senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges or members of national parliaments". Acting on the Commission in their individual capacity, the members are appointed for four years by the participating countries. The current and former members include, amongst other notable academics and judges: Antonio Mario La Pergola

12772-505: The political parties and referendums, etc. At the request of a constitutional court or the European Court of Human Rights, the Commission may also provide amicus curiae briefs on comparative constitutional and international law issues related to a case under consideration. Requests for opinions come from the participating states and the statutory organs of the Council of Europe or international organisations or bodies participating in

12896-428: The population was called Dobri Bošnjani ("Good Bosnians"). The names Serb and Croat, though occasionally appearing in peripheral areas, were not used in Bosnia proper. Bosnian history from then until the early 14th century was marked by a power struggle between the Šubić and Kotromanić families. This conflict came to an end in 1322, when Stephen II Kotromanić became Ban . By the time of his death in 1353, he

13020-440: The power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as the United States , India , and Singapore , constitutional law is based on the text of a document ratified at the time the nation came into being. Other constitutions, notably that of

13144-418: The practicality and viability of the solutions envisaged by the states concerned. The working method adopted by the Commission when providing opinions is to appoint a working group of rapporteurs (primarily from amongst its members) which advises national authorities in the preparation of the relevant law. After discussions with the national authorities and stakeholders in the country, the working group prepares

13268-406: The property. Following the reforms, Bosnian Muslims were dispossessed of a total of 1,175,305 hectares of agricultural and forest land. Although the initial split of the country into 33 oblasts erased the presence of traditional geographic entities from the map, the efforts of Bosnian politicians, such as Mehmed Spaho , ensured the six oblasts carved up from Bosnia and Herzegovina corresponded to

13392-611: The protection of the Polish judiciary's independence, thus ensuring that rule of law is upheld within this branch of government. On 20 January 2017, the Polish government announced a comprehensive reform of the judiciary in Poland, which included the NCJ. This process of legislative changes was aided by the actions of the new composition of the Polish Constitutional Tribunal, which in its decision K5/17 declared

13516-464: The reluctant assistance of Ali Pasha Rizvanbegović . Related rebellions were extinguished by 1850, but the situation continued to deteriorate. New nationalist movements appeared in Bosnia by the middle of the 19th century. Shortly after Serbia's breakaway from the Ottoman Empire in the early 19th century, Serbian and Croatian nationalism rose up in Bosnia, and such nationalists made irredentist claims to Bosnia's territory. This trend continued to grow in

13640-761: The rest of the 19th and 20th centuries. Agrarian unrest eventually sparked the Herzegovinian rebellion , a widespread peasant uprising, in 1875. The conflict rapidly spread and came to involve several Balkan states and Great Powers, a situation that led to the Congress of Berlin and the Treaty of Berlin in 1878. At the Congress of Berlin in 1878, the Austro-Hungarian Foreign Minister Gyula Andrássy obtained

13764-592: The richness of their burial sites. In northern parts, there was a long tradition of cremation and burial in shallow graves, while in the south the dead were buried in large stone or earth tumuli (natively called gromile ) that in Herzegovina were reaching monumental sizes, more than 50 m wide and 5 m high. Japodian tribes had an affinity to decoration (heavy, oversized necklaces out of yellow, blue or white glass paste, and large bronze fibulas , as well as spiral bracelets, diadems and helmets out of bronze foil). In

13888-400: The rule of law: Dicey's rule of law formula consists of three classic tenets. The first is that the regular law is supreme over arbitrary and discretionary powers. "[N]o man is punishable ... except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts of the land." The second is that all men are to stand equal in the eyes of the law. "...no man

14012-795: The signing of the Tripartite Treaty , and a coup d'état , Yugoslavia was finally invaded by Germany on 6 April 1941. Once the Kingdom of Yugoslavia was conquered by German forces in World War II , all of Bosnia and Herzegovina was ceded to the Nazi puppet regime, the Independent State of Croatia (NDH) led by the Ustaše . The NDH leaders embarked on a campaign of extermination of Serbs, Jews, Romani as well as dissident Croats, and, later, Josip Broz Tito 's Partisans by setting up

14136-481: The six sanjaks from Ottoman times and, thus, matched the country's traditional boundary as a whole. The establishment of the Kingdom of Yugoslavia in 1929, however, brought the redrawing of administrative regions into banates or banovinas that purposely avoided all historical and ethnic lines, removing any trace of a Bosnian entity. Serbo-Croat tensions over the structuring of the Yugoslav state continued, with

14260-485: The states in the adoption of democratic constitutions but that these texts have to be implemented in reality. Key players in this field are constitutional courts and equivalent bodies exercising constitutional jurisdiction. Cooperation with Constitutional Courts, ordinary courts and ombudspersons is done by means of: While most of the work of the Commission is country specific, the Commission also prepares, through its own initiative and at request of statutory bodies such as

14384-531: The title of a 15th-century Bosnian magnate, Stjepan Vukčić Kosača , who was "Herceg [Herzog] of Hum and the Coast" (1448). Hum (formerly called Zachlumia ) was an early medieval principality that had been conquered by the Bosnian Banate in the first half of the 14th century. When the Ottomans took over administration of the region, they called it the Sanjak of Herzegovina ( Hersek ). It was included within

14508-692: Was Ban Borić . The second was Ban Kulin , whose rule marked the start of a controversy involving the Bosnian Church – considered heretical by the Roman Catholic Church . In response to Hungarian attempts to use church politics regarding the issue as a way to reclaim sovereignty over Bosnia, Kulin held a council of local church leaders to renounce the heresy and embraced Catholicism in 1203. Despite this, Hungarian ambitions remained unchanged long after Kulin's death in 1204, waning only after an unsuccessful invasion in 1254. During this time,

14632-400: Was a general awareness in medieval Bosnia, at least amongst the nobles, that they shared a joint state with Serbia and that they belonged to the same ethnic group. That awareness diminished over time, due to differences in political and social development, but it was kept in Herzegovina and parts of Bosnia which were a part of Serbian state. The Ottoman conquest of Bosnia marked a new era in

14756-514: Was a lack of Orthodox Church activity in Bosnia proper in the pre-Ottoman period. An Orthodox Christian population in Bosnia was introduced as a direct result of Ottoman policy. From the 15th century and onwards, Orthodox Christians (Orthodox Vlachs and non-Vlach Orthodox Serbs) from Serbia and other regions settled in Bosnia and Herzegovina. Favored by the Ottomans over the Catholics, many Orthodox churches were allowed to be built in Bosnia by

14880-485: Was over. The Civic Platform party before could only appoint three constitutional judges, as there were vacancies at the time, however, under the new rule, the governing party appointed five judges to the Polish Constitutional Tribunal as there were two vacancies that were to open right after the parliamentary elections. As a result, these are the origins of the Polish Constitutional Tribunal crisis that started in 2015. The new Polish President, Andrzej Duda , refused for

15004-567: Was part of the Kingdom of Yugoslavia . After World War II , it was granted full republic status in the newly formed Socialist Federal Republic of Yugoslavia . In 1992, following the breakup of Yugoslavia , the republic proclaimed independence . This was followed by the Bosnian War , which lasted until late 1995 and ended with the signing of the Dayton Agreement . The country is home to three main ethnic groups : Bosniaks are

15128-460: Was successful in annexing territories to the north and west, as well as Zahumlje and parts of Dalmatia. He was succeeded by his ambitious nephew Tvrtko who, following a prolonged struggle with nobility and inter-family strife, gained full control of the country in 1367. By the year 1377, Bosnia was elevated into a kingdom with the coronation of Tvrtko as the first Bosnian King in Mile near Visoko in

15252-472: Was the first President of the Venice Commission. Jan Erik Helgesen, a professor at the University of Oslo, was president of the Commission for several years, through to 2009, later becoming 1st Vice-President. From December 2009 to December 2021, Gianni Buquicchio held the presidency. Claire Bazy-Malaurie has been president since December 2021. Simona Granata-Menghini is the current Director, Secretary of

15376-452: Was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." The common law and

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