Interpretation of Statutes at Bosnia and Herzegovina
Here’s an overview of the Interpretation of Statutes in Bosnia and Herzegovina (BiH), focusing on its legal framework and interpretative principles within the country’s complex legal system:
⚖️ Interpretation of Statutes in Bosnia and Herzegovina
1. Legal System Context
Bosnia and Herzegovina has a complex, decentralized legal system with three constituent entities:
Federation of Bosnia and Herzegovina (FBiH)
Republika Srpska (RS)
Brčko District (a self-governing administrative unit)
Each entity has its own laws and courts, but all are subject to the Constitution of Bosnia and Herzegovina (the Dayton Agreement annex).
The system blends civil law traditions inherited from former Yugoslavia with influences from European legal systems.
2. Legal Sources for Interpretation
The Constitution of BiH is the supreme law and serves as the ultimate guide for statutory interpretation.
Statutes passed by state and entity parliaments are subject to constitutional review by the Constitutional Court of Bosnia and Herzegovina.
The Civil Procedure Code and General Administrative Procedure Laws in each entity contain rules about legal interpretation.
3. General Principles of Statutory Interpretation
Interpretation follows civil law traditions, focusing on the text, context, and purpose of the law.
Judges apply laws based on:
The literal meaning of the text.
The systematic context — how the law fits within the broader legal framework.
The purpose (teleological interpretation) — the objective the legislature intended to achieve.
If statutes are ambiguous or silent, courts apply general principles of law or equity to fill gaps.
4. Specific Rules and Practices
The Law on the General Administrative Procedure (in both entities) provides guidance on how administrative bodies should interpret laws:
Laws must be interpreted in favor of the purpose and the public interest.
When ambiguity exists, the more favorable interpretation to the individual or party may be applied (principle of pro persona).
The Civil Procedure Codes allow courts to consider legal doctrine, previous decisions, and international law when interpreting statutes.
5. Role of Constitutional Court
The Constitutional Court of BiH has the authority to interpret the Constitution and can annul laws or provisions inconsistent with it.
Its rulings set important interpretative precedents that lower courts and authorities must follow.
6. International Law Influence
International treaties and European human rights law (e.g., the European Convention on Human Rights) are integrated into the legal system and guide interpretation, especially when domestic law is ambiguous.
Summary
Interpretation of statutes in Bosnia and Herzegovina is rooted in civil law principles, emphasizing the text, context, and purpose of legislation, within a highly decentralized and multi-layered legal system. The Constitutional Court plays a crucial role in ensuring constitutional conformity. Courts also consider general principles of law and international legal norms when interpreting statutes.
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