Amendments
Amendment I
to the Constitution of the Herzegovina-Neretva County-Canton
In Article 4, the words "cities and", are added before the words "municipalities".
In Article 13, the word "cities" shall be added before the word "and municipalities".
In Article 14, the word "city" shall be added before the word "and municipalities" (3x).
In Article 19, paragraph 1, the words "cities and" shall be added before the word "municipalities".
In Article 19, paragraph 4, the words "city and" shall be added before the word "municipalities".
In Article 20, the words "city administration and" shall be added before the word "local", and the words "city and" shall be added before the word "municipal".
In Article 36.b) the word "city" shall be added before the word "municipal".
A new Article 42, paragraph 4, shall be added, which shall read:
"The Prefect of the Herzegovina-Neretva County-Canton and the Mayor of the City of Mostar may not be from the same constituent people. The appointment of the mayor and his deputy shall be carried out simultaneously with the appointment of the county prefect and his deputy".
After Article 64, new chapters V.A. and V.B. shall be added, which shall read:
"V.A CITY AUTHORITIES
Article 64a.
(1) For the area of two or more municipalities that are urban and territorially connected by the everyday needs of citizens, a city shall be established as a unit of local self-government, in accordance with the Federal Constitution and law and this Constitution.
The responsibilities of the city shall include:
finance and tax policy in accordance with federal and county-cantonal laws,
common infrastructure (water, electricity),
urban planning of city needs,
public transport,
other powers transferred to the city by municipalities or entrusted by the county-canton.
(2) The City shall have a statute harmonized with the Federal Constitution, this Constitution and the cantonal laws
(3) The City shall have a City Council composed of an equal number of councilors from each municipality, and the number of councilors, the election procedure and the duration of the mandate shall be determined by the statute.
The City Council may not have fewer than 15 nor more than 30 councilors.
In the case of the City of Mostar, the City Council shall continue to operate with the existing number of councilors, provided that the number of councilors shall be harmonized with the provisions of the previous paragraph, no later than the next local elections.
Specificities, including the Central Zone of the City of Mostar, shall be taken into account when determining the number of councilors and the procedure for their election.
(4) The City Council shall:
prepare and adopt the City Statute by a two-thirds majority,
elect the Mayor,
adopt the City Budget,
adopt regulations in the exercise of delegated powers and exercise other powers determined by the statute.
(5) The Mayor shall be responsible for:
appointing and dismissing city officials,
implementing city policy and enforcing city regulations,
ensuring cooperation between city officials and ombudsmen,
reporting to the city council and the public on the implementation of city policy.
(6) The city shall generate its revenues in accordance with the law.
"V.B. CITY OF MOSTAR
Article 64B)
(1) The City of Mostar consists of six municipalities and a Central Zone, which is not a municipality, but is administered by the City Council in accordance with the provisions of the Treaty of Rome.
The borders of the six city-municipalities and the Central Zone are determined by the City Statute of 7 February 1996.
(2) The responsibilities of the City of Mostar include:
finance and tax policy, in accordance with the laws of the Federation and the cantons,
urban planning,
infrastructure (water, electricity),
economic policy, in accordance with the laws of the Federation and the cantons,
public transport, including the railway station,
Mostar Airport,
other powers transferred to the city by the municipalities or entrusted to the city by the cantons.
(3) The City of Mostar has a City Council, which is composed of councilors from each municipality, and the number of councilors, the election procedure and the duration of the mandate are determined by the statute.
The City Council of the City of Mostar has an equal number of seats for representatives from the Croat people, the Bosniak people and others".
Amendment II
Article 22 of the Constitution of the Herzegovina-Neretva County-Canton is amended to read:
"The assembly of the county-canton consists of 30 representatives".
Amendment III
In Article 9, paragraph 1, point b), the words are added:
"city or" before the word "municipality".
Amendment IV
Article 20, amended by Amendment I, is amended to read:
"The county is obliged to consult with the city and municipal authorities in an appropriate manner when passing regulations related to local self-government".
Amendment V
Article 42, paragraph 4, amended by amendment I, is deleted.
Amendment VI
Article 51, paragraph 1, point f) is amended to read:
"f) ensuring that the national structure of the police reflects the national structure of the population of the county, with the fact that the national structure of the police of each municipality or city reflects the national structure of the population of that city or municipality."
Amendment VII
Chapter V.A. amended by amendment I is deleted.
Amendment VIII
Chapter V.B. amended by amendment I is repealed and replaced by a new chapter V.A which reads:
"V.A. Organization of Mostar
1) In the Herzegovina-Neretva County, the City of Mostar is organized as one territorial unit of administration and local self-government.
2) The city of Mostar has the jurisdiction of a municipality, unless otherwise prescribed by law.
3) The organization of the City of Mostar is regulated by the law and the Statute of the City of Mostar . The statute defines the city areas in which the city administration has its branches exclusively for the purpose of providing services to citizens in their surroundings. The statute determines the number of urban areas.
4) City areas are electoral units. The Statute determines the composition of the City Council, and the election procedure is regulated by the Election Law of Bosnia and Herzegovina and the Statute in a way that may deviate from the conditions prescribed in Article VI.A of the Constitution of the Federation of Bosnia and Herzegovina.
5) The decision-making procedure is determined by the Statute of the City of Mostar. Exceptionally from the provisions of any law that prescribes voting procedures, the Statute of the City of Mostar can determine a special voting procedure of the City Council for the adoption of certain decisions.
6) The vital national interests of the constituent nations are protected in the City of Mostar. Matters of vital national interest are defined in Article IV.A.17.a of the Constitution of the Federation of Bosnia and Herzegovina, provided that the clubs of representatives from Article IV.A.17.a, for the purpose of the City of Mostar, are those clubs of representatives determined by the Statute of the City of Mostar. The procedure for the protection of vital national interests is regulated by the Statute of the City of Mostar. This procedure includes the possibility of referring questions of vital national interest to the Constitutional Court of the Federation of Bosnia and Herzegovina in accordance with the procedure provided for in Article IV.A.18.a) points 5 to 8 of the Constitution of Bosnia and Herzegovina, in case an agreed solution cannot be reached.
7) Only councilors elected to the City Council can be elected mayor of the City of Mostar. The mayor is elected and dismissed by a two-thirds majority of elected councilors in accordance with the Statute of the City of Mostar.
8) Constituent nations and Others are proportionally represented in the city administration. Such proportional representation shall be based on the 1991 census, until Annex 7 is fully implemented, in accordance with Article IX.11.a of the Constitution of the Federation of Bosnia and Herzegovina."
Amendment IX
In Article 70, paragraph 3 shall be amended to read:
"The term of office of the members of the Municipal Council shall be four years."
Amendment X
In Article 71, point c) shall be deleted.
Amendment XI
Article 76 shall be amended to read:
"The Municipal Mayor shall be elected democratically by voters in direct and secret elections throughout the territory of the Municipality in a manner determined by law."
Amendment XII
In Article 77, paragraph 2 shall be added to read:
"The Municipal Mayor and the Chairperson of the Municipal Council in municipalities or municipal councils of multi-ethnic composition may not be from the same constituent people, or from the Others, except in those municipalities in which one constituent people constitutes more than 80% of the population, according to the last census of the population in Bosnia and Herzegovina."
Amendment XIII
In Article 1, after the words: "Croats", the letter "i" shall be deleted and a comma shall be added, and after the words "Bosniaks", the comma shall be deleted and the words "and Serbs" shall be added.
Amendment XIV
In Article 7, paragraph 2, the full stop shall be deleted and the words "and the majority of the votes of the Serbian representatives shall be added".
Amendment XV
In Article 8, paragraph 1, the full stop shall be changed to read "The official languages of the Canton-County shall be the Croatian, Bosnian and Serbian languages."
In paragraph 2 of the same Article, the full stop shall be deleted and the words "and the Cyrillic alphabet" shall be added.
Amendment XVI
In Article 85, paragraph 1, the full stop shall be changed to read "Amendments to the Constitution may be proposed by the Canton-County Government, a majority of the representatives in the Assembly or a majority of the Croatian, Bosniak or Serbian representatives in the Assembly".
Amendment XVII
In Article 18, paragraph 2, the full stop at the end of the paragraph shall be deleted and the words “and the majority of the votes of the Serb representatives” shall be added.
Amendment XVIII
In Article 52, paragraph 4, the full stop at the end of the paragraph shall be deleted and the words “and the majority of the votes of the members of the Government from among the Serb people” shall be added.
