Home > 4.1.1 Lower house > 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 46

It is not clear whether Article 3 of Protocol No. 1 to the ECHR actually applies to indirectly/non-elected second chambers. Indeed, in Sejdić and Finci v. Bosnia and Herzegovina, the European Court of Human Rights commented: “Thus, Article 3 of Protocol No. 1 was carefully drafted so as to avoid terms which could be interpreted as an absolute obligation to hold elections for both chambers in each and every bicameral system (see Case of Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 53, Series A no. 113; Case of Py v. France, 11 January 2005, §§36, 46-47). At the same time, however, it is clear that Article 3 of Protocol No. 1 applies to any of a parliament’s chambers to be filled through direct elections.”