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Democracia directa

Bosnia y Herczegovina

DD002

Direct Democracy Provisions (National Level)

Pregunta	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Sí
Respuestas	The level of applicability of these laws might be disputable. The laws were adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though these laws were created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - they should be valid. There is no mention of the Rules of Procedure in either chamber of parliament. There is, however, a mention of the register being used for referendums.
Fuente	Law on referendum in SR Bosnia and Herzegovina, Off. Gazette 29/77 and 24/91; Law on Proceedings with Petitions and Proposals Off. Gazette 33/77, 12/87 and 27/90; Rules of Procedures of House of Representatives in the Parliamentary Assembly of Bosnia and Herzegovina. "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD003

Mandatory referendums (national level)

Pregunta	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	b. No
Respuestas	No mention in the Constitution. There is no mention of the Rules of Procedure in either chamber of parliament. There is, however, a mention of the register being used for referendums.
Fuente	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD004

Optional referendums (national level)

Pregunta	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	a. Sí
Respuestas	The level of applicability of this laws might be disputable. The law was adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though the Law on Referendum was created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - it should be valid. In 2016 in Republica Srpska, a referendum on keeping a state holiday was presented to voters (turnout of 56-60%). The amendment went against the BiH Supreme Court.(See https://www.rferl.org/a/balkan-tensions-rise-as-bosnian-serbs-push-ahead-with-banned-referendum/28010813.html) There is no mention of the Rules of Procedure in either chamber of parliament. There is, however, a mention of the register being used for referendums.
Fuente	Law on referendum in SR Bosnia and Herzegovina, Off. Gazette 29/77 and 24/91 "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD005

Citizens' Initiatives (national level)

Pregunta	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	a. Sí
Respuestas	The level of applicability of this laws might be disputable. The law was adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though the law was created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - it should be valid. According to the Rules of Procedure of the House of Representatives, "citizens may submit an initiative for amendments and/or amendments to the law proposers"
Fuente	Law on Proceedings with Petitions and Proposals Off. Gazette 33/77, 12/87 and 27/90; Rules of Procedures of House of Representatives in the Parliamentary Assembly of Bosnia and Herzegovina, art. 104 sec. 3. "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD006

Agenda Initiatives (national level)

Pregunta	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	b. No
Respuestas	No mention in the constitution. There is no mention of the Rules of Procedure in either chamber of parliament or the electoral laws, either.
Fuente	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD007

Pregunta	Are there any Legal Provisions for Recalls at national level?
Answer:	b. No
Respuestas	BUT in BiH Draft Law on Amendments to the Election Law Article 3,7 Central Election Commission of BIH may issue excerpt from the Central Voter Register also for other constituencies where elections will be conducted, in the case of a recall of the elected official and to conduct referendum, on the basis of data contained in the Central Voter Register.
Fuente	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm) Electoral Law: Election Law of Bosnia and Herzegovina, art. 3.1. http://izbori.ba/Documents/documents/ZAKONI/BiH_Election_Law_last_consolidated_version_2018.pdf
Verificado	2025/06/26

DD129

Pregunta	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	b. Sometimes binding
Respuestas	Once the legislative body reaches decision to organise a referendum, its final result is binding. Initiatives can be included in an agenda of the session of Parliamentary Committee, which will be decided by the members of that Committee (further, it can also be discussed at the plenary session of the Parliament).
Fuente	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD130

Pregunta	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	c. Both constitutional and other issues
Respuestas
Fuente	Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

DD131

Pregunta	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	b. No
Respuestas	Not mentioned in the constitution
Fuente	Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verificado	2025/06/26

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