“In December 2016, the Constitutional Court of Bosnia and Herzegovina (BiH) ruled partially in favor of a complaint lodged by former Croatian Democratic Union (Hrvatska demokratska zajednica, HDZ) politician Božo Ljubić. At issue was the state election law provision dictating that cantons delegate at least one representative from each of the country’s three main ethnic groups to the Federation BiH House of Peoples. Ljubić argued that the Croat influence in cantons with majority Bosniak populations was unfairly diminished in the selection of delegates. He argued that Croat candidates therefore should be elected only out of majority Croat cantons, thereby ensuring that only Croats vote for Croat delegates. In effect, Ljubić asked the Court to forbid the Croats from Sarajevo, Tuzla and Bihać from becoming members of the House of Peoples of Federation of Bosnia and Herzegovina.
The Court partially agreed with Ljubić. The ruling struck down a portion of the country’s election law, stating that it must be amended within six months, without specifying changes. In previous, unrelated cases, the Court prescribed temporary solutions that enabled a ruling implementation; however, it declined to do so in this instance.
This has led some, especially HDZ leadership, to argue that a legal vacuum now exists, claiming that the failure to amend the law could render the October general elections invalid or, alternatively, prevent government formation at the Federation entity level, ultimately leading to a total political paralysis and the collapse of the social security system.” (Daniel Serwer’s Peacefare)