Venice Commission accepts Komšić’s request for electing judges to the BiH Constitutional Court
The Venice Commission pointed out in its opinion regarding the request of BiH Presidency Member Željko Komšić on the method of electing judges to the Constitutional Court of Bosnia and Herzegovina that ethnicity cannot be used as a basis for electing judges of the Constitutional Court of Bosnia and Herzegovina, announced Komšić’s Office.
It was also pointed out that ethnic quotas or ethnic parity (2B (Bosniaks)+2H (Croats)+2S (Serbs)) cannot be used when electing judges to the Constitutional Court of Bosnia and Herzegovina, as this represents discrimination and undermines the integrity of the Constitutional Court of Bosnia and Herzegovina and is in complete contradiction to European practices.
The Venice Commission also states that the professional experience of a candidate for a judge of the Constitutional Court of Bosnia and Herzegovina should be specified in such a way that the candidates should have 10 to 15 years of professional experience as a judge, professor of constitutional law, or lawyer. (paragraph 34).