
While the High Representative in BiH, Christian Schmidt, is today speaking of a "democratic atmosphere", "respect for regulations", and "the true voice of the citizens", celebrating the introduction of new technologies into the electoral process, the question remains open with what political and legal credibility is this being done by a man whose intervention in 2023 left one of the deepest constitutional and legal controversies in post-Dayton Bosnia and Herzegovina.
Perhaps the introduction of electoral technologies can represent a step towards a more transparent electoral process, but we can only witness this after the elections are concluded, because even in these new technologies, there is a possibility of manipulation!?
There is no doubt that the citizens of Bosnia and Herzegovina have been hostages of electoral manipulations, political blockades, and mandate trading for years. But precisely because of this, the question of the legitimacy of those who speak of democracy becomes even more important.
Because, can someone who brutally intervened in the constitutional order of the Federation of Bosnia and Herzegovina today lecture on the rule of law and democratic procedures!?
When Schmidt imposed the decision to unblock the appointment of the Government of the Federation of BiH in 2023, part of the public and media euphemistically described this intervention as a "suspension of the BiH FBiH Constitution for one day". However, such a formulation is not only legally incorrect but also dangerously softens the essence of what happened. Legal experts, including Sifet Kukuruz, wrote about this.
Because, the suspension of the constitution is a constitutional-legal institute. For something to be suspended, the possibility of such a suspension must be foreseen by the constitution itself. The Constitution of the Federation of BiH does not recognize such a possibility. There is no provision that allows for the temporary invalidation of a part of the constitution for the sake of political "functionality" or administrative "unblocking of the system".
Therefore, what Schmidt did was not a suspension, but a violation of the Constitution of the Federation of BiH.
The constitution was not violated only on the day the decision was made, but throughout the entire period in which the consequences of such a decision were produced and maintained.
And that is why it is particularly problematic today that, after such a precedent, citizens are again being told about "full respect for regulations". If constitutional norms can be circumvented by the political will of an international official, what message does this send to domestic institutions and citizens? That the law is binding only for some? That democracy is valid as long as it is not politically inconvenient?
Schmidt's moves at the time were justified by "saving the functionality of the Federation", but in reality, it benefited HDZ BiH.
Therefore, today, when the High Representative speaks of the "true voice of the citizens", it is worth remembering that democracy is not only the result of elections, but also the way in which power is established and limited. And precisely the limitation of power, domestic or international, is the essence of the constitutional order.
Bosnia and Herzegovina cannot build trust in elections and institutions on selective respect for the law. Because democracy without consistent rule of law very easily becomes just a political slogan. And precisely Schmidt's view of 'new technologies' is just that, an ordinary political cliché!
Because all these years since 2023, the voice of the citizens has not been heard, but exclusively the voice of Christian Schmidt!
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