The Constitutional Reform Process in Bosnia and Herzegovina

The paper examines the structural weaknesses of Bosnia and Herzegovina's "consociational" political system, resulting from the 1995 Dayton Agreement. It highlights a high degree of institutional fragmentation, leading to disproportionate costs for bureaucracy, and far-reaching veto modalities which reinforce ethnical divides, rather than providing incentives to work together. Reviewing the various failed attempts to amend the constitution over recent years, the authors also note that the authority and legitimacy of the international community's High Representative/EUSR are fading, and that the EU's traditional approach via the accession incentive will not work here. In conclusion, they argue for a fresh approach to state reform, supported by increased EU commitment to reconciliation and state-rebuilding efforts.