The document summarizes the results of a 2013 survey of 1000 Bosnian citizens on their opinions regarding state-level constitutional reform. The key findings were that over 80% of citizens across ethnic groups believe that EU laws should take precedence over domestic laws in Bosnia and Herzegovina. This primacy of EU laws in the constitution would provide citizens legal recourse if political leaders fail to pass necessary reforms to align with European integration processes or continue to prioritize party interests over citizens. Currently, a lack of agreement between governing entities has blocked agriculture projects, education programs, and legislative adoption. Citizens view subordinating local laws to EU laws as a means to overcome political obstruction and ensure EU progress is not stopped due to a lack of political

1. CITIZENS’ OPINIONS ON
STATE-LEVEL CONSTITUTIONAL REFORM
in Bosnia and Herzegovina
1000 CITIZENS
20
QUESTIONS
2013
JULY
EU SUPREMACY
OVER DOMESTIC LAW
European Commission cancelled two
agriculture projects in 2013 worth
€5 million
due to the failure of the Entities to agree on how
to channel EU agriculture and rural
development (IPARD) funds,
Missed opportunity for BIH students to
participate in international education programs
such as Erasmus+, because in the absence
of a state-level Education Ministry, the Entities
have to approve these programs and
repeatedly fail to do so.
Given that cooperation between Entities has been tried and failed, an amended BIH constitution
can change this situation by having local laws subordinated to the EU laws.
Austria, Belgium, and Estonia are just some of the countries that gave precedence to EU law
through express constitutional provisions.
“A central element of the first stage of constitutional reform has to
be a transfer of responsibilities from the Entities to BiH by means of
amendments to the BiH Constitution.
This is an indispensable step if any progress is to be achieved in the
process of European integration of BiH.”
Venice Commission, Opinion on the Constitutional Situation in Bosnia and
Herzegovina and the Powers of the High Representative, 2005
81.9%
BOSNIAKS
73.6%
SE
RBS
73.
7%
OTHERS
81.1%
CR
O
ATS
79.1%of people believe that
PRIMACY OF EU LAWS
should be included in
the BIH constitution.
86.7%of CITIZENS THINK
that POLITICIANS at all levels of government
represent the interests of their parties over the
interests of their citizens.
Support for EU laws having supremacy over domestic laws would provide
citizens with an additional legal tool if political leaders fail to pass needed
reforms.
EU LAWS
NEEDED
The BiH State Constitution guarantees the
legal unity of BiH. But state competencies are
limited.
DOMESTIC LAW
Citizens
would like to
see local law
subordinated
to EU law.
FAIL TO ADOPT
LEGISLATION
EU PROGRESS
STOPS
CITIZENS
ARE
STUCK
POLITICIANS
DON’T AGREE
?
No legal remedy
in absence of
political will