Woelk: The 'Kovačević' ruling is the direction the state should take if it wants to be a European society

(Patria) - The ruling of the European Court of Human Rights in the Kovačević case is important because it opens up the necessity of completing the constitutional transition for Bosnia and Herzegovina, stated Jens Woelk, professor of comparative constitutional law at the University of Trento, Italy.

He said this at a press conference held via video link before his participation as an introductory speaker at today's session of the independent association of intellectuals Circle 99 in Sarajevo on the topic "After the European Court's ruling in the Kovačević case: Is constitutional reform necessary, but also impossible?".

Woelk said that the fundamental outcome of the 'Kovačević' ruling is equal rights for all in Bosnia and Herzegovina and the direction the state should take if it wants to be a European society.

"The ruling clearly states that the political representation of citizens is most important. There is currently a distinction between constituent peoples and minorities; therefore, constitutional changes tailored to Bosnia and Herzegovina must be considered, because the current constitution does not offer opportunities for BiH to become a family of European countries, as it lacks the level of democratic rights necessary for Europe," said Woelk.

Whether constitutional changes are made through amendments or by drafting a new constitution, citizens must be involved, and their role must be decisive, emphasized Prof. Dr. Jens Woelk, who otherwise stresses the great importance of respecting the 'Kovačević' ruling and other decisions of the European Court of Human Rights, as this would mean consistent adherence to the European Convention.

Answering a journalist's question, he emphasized that foreign judges in the Constitutional Court of BiH are a kind of guarantee of everything written in the documents and agreements that Bosnia and Herzegovina is obliged to respect. Only when the goals set out in the constitution and other documents are achieved can the foreign judges leave, said Woelk.