Milchakova O.V. The limits of intervention of the European Court of Human Rights in the work of the Constitutional Court of Bosnia and Herzegovina

Abstract: The article concerns the peculiarities of relationship between the European Court of Human Rights (ECHR) and national constitutional courts. In order to identify the specifics of this relationship, the author turns to Bosnia and Herzegovina (BiH), the third part of the Constitutional Court of which is appointed directly by the Chairman of the ECHR. Based on the analysis of foreign law, the case law of the ECHR and the Constitutional Court of BiH, as well as specific historical facts and political developments, the article reflects different aspects of the relationship of these courts, including problems related to the implementation of the ECHR decisions. In conducting the research of the specified subjects, the author mainly used legalistic and historical methods. The results of study led the author to the conclusion that there are virtually no limits to ECHR intervention in the activities of the Constitutional Court of BiH; the latter seems to be more independent from the national authorities than from the ECHR. However, other countries and international and supranational institutions and organizations often use both political and financial levers of influence on BiH in order to force it to fulfill ECHR decisions until the constitutional reform takes place.

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