TERRITORIAL DECENTRALIZATION AS A FACTOR OF DISPUTES ON CONFLICT OF JURISDICTION WITH SPECIAL REFERENCE TO BOSNIA AND HERZEGOVINA

Abstract

The principle of separation of powers is one of the basic pillars of the rule of law, and its essence is to prevent abuse of power because the division of power does not exclude the possibility of intertwining competencies of different holders of state power. Precisely because of this, no matter in what form the division of power is realized, conflicts between different holders of power and encroachment on the competence of other holders of power are inevitable. Disputes about conflicts of jurisdiction arise under the influence of various factors, the most important of which is certainly the form of state organization, ie the degree of territorial decentralization and the way in which the division of power at the vertical level was achieved. Any form of decentralization, be it federal units, territorial autonomy or local self-government units, is necessarily a source of potential conflicts between central and non-central government. Therefore, the basic issue that arises in any form of decentralized state, and especially the federal one, is precisely the issue of the relationship between central and noncentral government. The paper pays special attention to Bosnia and Herzegovina, ie the issue of distribution of competencies as a factor of competition disputes and the role of the Constitutional Court in resolving these disputes and establishing clear boundaries between different holders of state power in the vertical.

Keywords

• separation of powers
• form of government
• territorial decentralization
• disputes over conflicts of jurisdiction
• constitutional court.