Sudska kontrola ustavnosti upravnih akata i radnji u upravnim institucijama Bosne i Hercegovine i Federacije Bosne i Hercegovine / Judicial Control of the Constitutionality of Administrative Acts and Works in Bosnia and Herzegovina and Federation of Bosnia and Herzegovina Administrative Institutions

Abstract

Judicial control of the administrative acts and actions constitutionality in comparative law is an exception. In the paper’s introduction, the manner of regulating the administrative acts judicial control in the Republic of France and the Federal Republic of Germany is presented. In Bosnia and Herzegovina, the judicial review of the administrative acts and administrative actions lawfulness is now being examined in an administrative dispute. In addition to this type of judicial control of the administration, there is also judicial review of the constitutionality of these acts and actions before the competent court in accordance with the applicable rules on administrative dispute. By its very nature, this type of litigation belongs to the constitutional right, because the dispute sometimes does not decide on subjective rights by administrative acts, but on constitutional rights. The same things are with administrative actions. Therefore, this type of court dispute should be regulated by the laws on the proceedings before the constitutional courts through adjusting the corresponding provisions of the law on administrative disputes. The paper also presents examples of violations of human rights established in the BiH Constitution and the Constitution of the FBiH by administrative acts and proceedings. One can conclude
from abovestated that in the rule of law, the principle of lawfulness in administrative law is insufficient for the implementation of the rule of law, and that it can be even more fully achieved if the judicial review of the constitutionality of administrative acts and actions is explicitly regulated. Such kind of reform will fulfill the request from the Council Conclusions on the Principles, Priorities and Conditions of the European Partnership with Bosnia and Herzegovina, no. 211 of 18 February 2008 in the short and medium term priorities in the field of political criteria of democracy and legal statehood. This legal act contains requirements to improve the efficiency of the judiciary, better access to justice, and better protection of human rights and fundamental freedoms.