Venice Commission accepts Komšić's request: Ethnic affiliation cannot be the basis for electing judges of the Constitutional Court of BiH

(Patria) - The Venice Commission emphasized in its opinion regarding the request of the BiH Presidency member Željko Komšić, concerning the method of electing judges to the Constitutional Court of Bosnia and Herzegovina, that ethnic affiliation can in no way be used as a basis for electing judges of the Constitutional Court of Bosnia and Herzegovina.

Furthermore, it was specifically highlighted that ethnic quotas or ethnic parity (2 Bosniaks + 2 Croats + 2 Serbs) cannot be used in the election of judges to the Constitutional Court of Bosnia and Herzegovina, as this constitutes discrimination and undermines the integrity of the Constitutional Court of BiH and is in complete opposition to European practices.

The Venice Commission also states that the professional experience of candidates for judge of the Constitutional Court of BiH should be specified in a way that candidates should have 10 to 15 years of professional experience as a judge, professor of constitutional law, or lawyer.

The Venice Commission further notes that "the pursuit of ethnic parity or equal ethnic representation” of judges from different ethnic communities would actually introduce a system of ethnic quotas in the Constitutional Court, which is contrary to the letter and spirit of the Constitution of Bosnia and Herzegovina, as explained. The Venice Commission therefore cannot support this.”