BOSNA I HERCEGOVINA IZMEĐU DAYTONSKOG USTAVA I EUROPSKOG USTAVNOG IDENTITETA

Abstract

Bosnia and Herzegovina is at the crossroads between the complex constitutional framework resulting from the Dayton Peace Agreement and the requirements of the European acquis emphasizing the rule of law, democracy, and the protection of human rights. This paper analyzes the key constitutional challenges arising from the ethnically based structure of government, including limitations in achieving equality of constituent peoples and citizens, and the judgments of the European Court of Human Rights. Special emphasis is placed on the question of how constitutional reforms can contribute to overcoming discrimination and strengthening European constitutional identity in BiH. A comparative analysis with the Western Balkan countries shows that constitutional changes, although politically demanding, are a key driver of European values in the region. The paper proposes a model of constitutional convergence that connects local specificities with universal EU principles, emphasizing the importance of regional cooperation and institutional support from Brussels, as a
demanding and complex process of approximation, harmonization, or harmonization of the constitutional systems of the Western Balkan countries. It is concluded that constitutional integration is not only a technical process of harmonization with the EU acquis communautaire, but also a broader social project of building an inclusive, sustainable and democratic order. In this way, Bosnia and Herzegovina, together with the countries of the Western Balkans, can become a laboratory of European values in practice.