Disputes arising from conflicts of jurisdiction

(Article VI(3)(a) of the Constitution)

The Constitutional Court has exclusive jurisdiction to decide any dispute that arises under the Constitution between the Entities or between Bosnia and Herzegovina and an Entity or Entities, or between institutions of Bosnia and Herzegovina. In effect, the Court has to decide on positive or negative conflicts of jurisdiction, or any other disputes that may arise under relations between the state and entity authority and/or the institutions of Bosnia and Herzegovina.

Under the Constitution, disputes may be referred only by a certain circle of authorised persons, i.e. a member of the Presidency of Bosnia and Herzegovina, the Chair of the Council of Ministers, the Chair or a Deputy Chair of either chamber of the Parliamentary Assembly, one-fourth of the members/delegates of either chamber of the Parliamentary Assembly, or one-fourth of either chamber of a legislature of an Entity.