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Direct Democracy

Bosnia and Herzegovina Bosnia and Herzegovina

DD002

Direct Democracy Provisions (National Level)
Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: 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.
Source: 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)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD003

Mandatory referendums (national level)
Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: b. No
Comments: 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.
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD004

Optional referendums (national level)
Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: a. Yes
Comments: 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.
Source: 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)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD005

Citizens' Initiatives (national level)
Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: a. Yes
Comments: 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"
Source: 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)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD006

Agenda Initiatives (national level)
Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: b. No
Comments: No mention in the constitution. There is no mention of the Rules of Procedure in either chamber of parliament or the electoral laws, either.
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: b. No
Comments: 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.
Source: "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
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: b. Sometimes binding
Comments: 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).
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD130


Question: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
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: b. No
Comments: Not mentioned in the constitution
Source: Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2025/06/26
(Found a mistake? Please let us know.)
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