Home > 2.1.1 Electoral commissions > BOSNIA & HERZEGOVINA - Amicus Curiae Brief for the Constitutional Court of Bosnia and Herzegovina on the Mode of Election of Delegates to the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina
 
 
 
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Paragraph 28
 

In a federal system, it is up to the federal state to delegate powers to the entities that compose it. However, in the unusual BiH structure, the reverse is true – it is often the Entities that delegate powers to the State level – sometimes directly and sometimes tacitly. While there is no provision in the Constitution of BiH that expressly allocates competence in the electoral field to the State to deal with the Entities’ elections, the question nevertheless arises whether or not this competence was delegated to the State by the Entities. Article III(3) of the Constitution of BiH provides for the principle that competence not expressly assigned to the State belongs to the Entities. There is no general electoral competence listed among state competences. But, according to Article III(5) of the Constitution of BiH, the State may assume responsibility for other matters on the basis of a joint agreement by the Entities.