I. ESTABLISHMENT OF THE COUNTY

Article 1.

Croats and Bosniaks, as constituent peoples, together with others, exercising their sovereign rights, establish the Herzegovina-Neretva County-Canton (hereinafter referred to as the "County").

Article 2.

The County is a federal unit of the Federation of Bosnia and Herzegovina (hereinafter referred to as the "Federation") with a special regime.

The territory and borders of the County shall be determined by a special regulation.

Article 3.

This Constitution establishes the bodies of the County government and ensures the protection of the rights and freedoms established by the Constitution of the Federation and this Constitution.

Article 4.

The composition of all bodies of government in the County and in the municipalities must maintain the national structure of the population of the County, or municipality, unless otherwise determined by the Constitution of the Federation.

Article 5.

The official name of the County is: Herzegovina-Neretva County-Canton.

Article 6.

The seat of the County is in Mostar.

Article 7.

The County shall have a coat of arms, flag and seal, as well as other symbols decided upon by the County Assembly.

The adoption of the symbol shall require a majority vote in the County Assembly, including a majority of votes of Croat representatives and a majority of votes of Bosniak representatives.

The symbols of the County shall be used in accordance with the law.

Article 8.

The official languages ​​of the County shall be Croatian and Bosniak.

The official script shall be Latin.

Other languages ​​may be used as means of communication and teaching, in accordance with the law.

II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Article 9.

In exercising the powers within its scope, the County shall:

a) undertake all necessary measures to protect human and national rights and freedoms established by the Constitution of the Federation and the instruments provided for by the Constitution of the Federation and act in accordance with the Constitution of the Federation and this Constitution.

b) exercise its powers taking into account the ethnic composition of the population in each municipality.

Article 10

All refugees and displaced persons have the right to free return to their places of residence from which they were expelled.

All persons have the right, in accordance with federal and cantonal legislation, to the return of all property expropriated in the course of ethnic persecution, as well as to compensation for any property that cannot be returned to them.

All statements and obligations made and assumed under duress, in particular those concerning the renunciation of rights to land and other property, shall be considered null and void.

Article 11

Courts and other cantonal authorities shall apply and respect the rights and freedoms provided for in the acts set out in the Constitution and the Annex to the Constitution of the Federation.

Article 12

All cantonal authorities shall, within the framework of cooperation with the bodies of the Federation, cooperate with international human rights monitoring bodies established for Bosnia and Herzegovina, as well as with supervisory bodies established by the instruments set out in the Annex to the Constitution of the Federation.

III. COOPERATION WITH OMBUDSMEN

Article 13.

The authorities of the County and the Municipality shall ensure cooperation with the Ombudsmen.

Article 14.

The authorities of the County and the Municipality shall, at their request, enable the Ombudsmen to examine the activities of any institution of the County or the Municipality, as well as any other institution or person who has denied human dignity, rights or freedoms, including the implementation of ethnic persecution or the maintenance of its consequences, to enable the investigation of all official documents, including secret ones, as well as court and administrative files, and to enable the cooperation of any person, including any civil servant, in particular in obtaining the necessary information, documents and files.

The County shall, in the performance of their functions, enable the Ombudsmen to attend civil and administrative proceedings as well as meetings of other bodies, and to access and control all places where persons are deprived of their liberty, imprisoned or where they work.

The authorities of the County and the Municipality shall be obliged to consider the report of the Ombudsmen and to respond within the deadline set by him.

IV. SCOPE OF COUNTY AUTHORITY

Article 15.

The County shall have all powers not expressly conferred on the Federal Government by the Constitution of the Federation or not established by the Constitution of the Federation as joint powers of the Federation and the County, and in particular for:

a) establishing and supervising police forces that shall wear uniform federal uniforms with county insignia,

b) determining educational policy, including the adoption of regulations on education and the provision of education,

c) determining and implementing cultural policy,

d) determining housing policy, including the adoption of regulations concerning the development and construction of housing,

e) determining policies concerning the regulation and provision of public services,

f) adopting regulations on the use of local land, including zoning,

g) adopting regulations on the promotion of local affairs and charitable activities,

h) adopting regulations on local energy production facilities and ensuring their availability,

i) establishing policies regarding the provision of radio and television, including the adoption of regulations on the provision of their operation and construction,

j) implementing social policy and establishing social services protection,

k) creation and implementation of county tourism policy: development of tourist resources,

l) covering the activities of the county government or its bodies through taxation, borrowing or other means.

Article 16.

According to the Constitution of the Federation, the county and the Federation are responsible for:

a) guaranteeing and implementing human rights;

b) healthcare;

c) human environment protection policy;

d) communication and traffic infrastructure;

e) social policy;

f) implementation of laws and other regulations on citizenship;

g) immigration and asylum;

h) tourism;

i) use of natural resources.

Article 17

Responsibilities from Article 16 of the Constitution can be performed jointly or separately, or by the County in coordination with the federal government, in accordance with the provisions of the Constitution of the Federation and the law.

The method of exercising responsibility from paragraph 1 of this article will be arranged by the County with the Federation on a permanent basis.

Article 18.

The county can, in accordance with the law, transfer certain powers from its scope to the federal government.

The law referred to in paragraph 1 of this Article shall be adopted by a two-thirds majority of votes, including a majority of votes of Croat representatives and a majority of votes of Bosniak representatives.

Article 19

A county may delegate its powers to municipalities within its territory.

A county shall delegate to a municipality within its territory the powers referred to in Article V.2.(2) of the Constitution of the Federation, if the municipality so requests.

The county shall determine the sources and method of financing the delegated powers.

The county authority shall, within the scope of the delegated powers, exercise administrative supervision over the work of municipal authorities.

Article 20

When adopting regulations relating to local self-government, the county shall be obliged to consult municipal authorities in an appropriate manner.

V. STRUCTURE OF COUNTY GOVERNMENT

A) LEGISLATIVE AUTHORITY OF THE COUNTY

COUNTY ASSEMBLY

1. General Provisions

Article 21

The legislative body of the County is the County Assembly (hereinafter referred to as the "Assembly"), which is unicameral.

Article 22

The Assembly consists of 50 representatives.

Article 23

The national structure of representatives in the Assembly reflects the national structure of the population in the County in accordance with the electoral law.

Article 24

Representatives in the Assembly have a two-year mandate.

Article 25

Representatives for the Assembly are elected by voters in democratic and direct elections, by secret ballot throughout the territory of the County in accordance with the Constitution and the law.

Article 26

Before the elections, each registered party participating in the elections shall publish an electoral list of candidates.

Representatives in the Assembly will be elected from the top of that party's list according to the number of votes received.

Substitutions for representatives are made from the persons who follow from the rest of the top of the list.

Article 27

Any person with the right to vote can be elected as a representative in the Assembly.

The functions of a representative in the Assembly are incompatible with the function of the prefect, deputy prefect, members of the Government and deputy minister, as well as judges of the County courts, as well as other functions determined by law.

Article 28

The assembly will be convened for the first time no later than 10 days after the announcement of the election results.

Article 29

The Assembly adopts rules of procedure on its work.

Article 30.

The Assembly has a president and a deputy president, who are elected alternately by the representatives of the Assembly.

The president and deputy president of the Assembly cannot be from the same constituent nation.

Article 31

The Assembly holds public sessions, except in exceptional circumstances provided for in the rules of procedure, and publishes reports on sessions and decisions.

Article 32.

County regulations shall enter into force as provided for in them, but as a rule not before they are published in the official gazette of the County.

County regulations may also be published in the official gazette of the Federation.

Article 33.

Representatives in the Assembly shall be entitled to compensation in accordance with the law of the County.

Article 34.

Representatives in the Assembly shall not be criminally prosecuted or held liable in civil proceedings for acts committed in the performance of their duties.

No representative shall be detained or arrested by any state authority without the consent of the Assembly.

2. DECISION-MAKING IN THE ASSEMBLY

Article 35.

The Assembly may sit if a majority of the representatives are present.

Decisions in the Assembly shall be made by a simple majority of those present at the session of the Assembly, unless otherwise provided for in this Constitution or the Rules of Procedure of the Assembly.

Article 36.

The Assembly, by a two-thirds majority:

a) prepares and adopts the Constitution of the County,

b) enacts a law on the transfer of the powers of the County to the municipal or federal government,

c) dismisses the County Prefect and Deputy Prefect, including a majority of Croat representatives and a majority of Bosniak representatives.

Article 37.

Decisions concerning the vital interests of any of the constituent peoples in the County shall require the consent of a majority of the representatives in the Assembly, including a majority of Croat and a majority of Bosniak representatives.

The application of the provision from paragraph 1 of this Article may be requested by a majority of votes of Croat or Bosniak representatives present at the session.

If the majority of the remaining representatives are against the application of the provision from paragraph 1 of this Article, a joint commission of Croat and Bosniak representatives shall be established to resolve the issue.

If the commission is unable to do so, resolved within seven days from reference to the provision from paragraph 1 of this article, the issue will be resolved by the highest court of the County in an urgent procedure, if the issue is within the exclusive jurisdiction of the County.

If the issue is not within the exclusive competence of the County, the decision is made by the highest court of the County with the possibility of appeal to the Constitutional Court of the Federation.

The proceedings before the court referred to in paragraphs 3 and 4 of this article shall be regulated by a separate law.

Article 38

When the prefect, in agreement with the deputy prefect, determines that the Assembly is unable to pass a regulation according to the procedure referred to in Article 37 of this Constitution, he determines, with the agreement of the deputy prefect, a proposal for that regulation, and sends it to the County Government to pass it within 7 days.

This regulation remains in force for a maximum of 60 days.

If the Government does not pass the regulation from paragraph 1 of this article within 7 days, the prefect and deputy prefect will declare this proposal valid.

If the Assembly fails to adopt the regulation referred to in paragraph 1 of this Article within 60 days of the promulgation of this regulation, the County Prefect, with the consent of the Deputy County Prefect, may dissolve the Assembly, provided that the Assembly may not be dissolved within a period of six months from the first convocation.

The County Prefect, with the consent of the Deputy County Prefect, shall dissolve the Assembly when it fails to adopt the County budget no later than 90 days from the beginning of the budget year.

3. SCOPE OF THE ASSEMBLY

Article 39.

The Assembly:

a) prepares and adopts the County Constitution;

b) elects and dismisses the County Prefect and Deputy County Prefect;

c) confirms the appointment of the County Government;

d) elects judges of the County courts;

e) determines the scope of the County and municipal courts;

f) enacts laws and other regulations for the execution of the County's scope of activity;

g) adopts the County budget and enacts laws on taxation and ensures the necessary financing in other ways;

h) conducts investigations and for this purpose may request the collection of evidence in the form of documents and witness statements, without entering into judicial powers;

i) adopts the Rules of Procedure of the Assembly;

j) elects the County's delegates to the House of Peoples of the Federation Parliament from among the Assembly representatives, in accordance with the Constitution of the Federation;

k) performs other tasks within its scope of competence as well as those entrusted to it;

l) approves the conclusion of international agreements with states and international organizations, with the consent of the Federation Parliament.

B. EXECUTIVE AUTHORITY OF THE COUNTY

Article 40.

The executive authority of the County shall consist of the County Prefect, Deputy Prefect and the County Government.

1. County Prefect and Deputy Prefect

Article 41.

In the election of the County Prefect and Deputy Prefect, the Croat Representatives' Club and the Bosniak Representatives' Club shall each nominate one person.

The election of the County Prefect and Deputy Prefect shall require the acceptance of both candidates jointly by a majority of the votes of the Croat Representatives and a majority of the votes of the Bosniak Representatives.

If the joint candidacy does not get the necessary majority, the clubs will reconsider the candidacy for prefect and deputy prefect.

Article 42.

The elected persons will alternate, for one year each, as prefect, and then as deputy prefect for a period of two years.

The prefect and deputy prefect cannot hold this position for more than two consecutive two-year terms.

The prefect, the president of the Assembly and the president of the County Government cannot be from the same constituent nation at the same time.

Article 43.

If the prefect or deputy prefect dies, is dismissed or, according to the opinion of the County Government adopted by consensus, is permanently unable to perform his constitutional duties arising from his position, the procedure provided for in Article 41 of this Constitution will be carried out within thirty days by the Club of Representatives who nominated the person to be replaced in order to fill the vacant position until the end of the mandate.

The County Prefect or Deputy County Prefect shall perform both functions during the period provided for in paragraph 1 of this Article if, in the opinion of the County Government adopted by consensus, the latter is unable to perform his/her duties for a certain period.

If both positions remain vacant, the President of the Assembly shall perform both functions for the necessary period.

Article 44

The County Prefect and Deputy County Prefect shall represent the County within the framework of the powers established by the Constitution and law.

Article 45.

The Prefect is responsible for:

a) appointing the County Government,

b) nominating judges of the County courts,

c) promulgating laws passed by the Assembly,

d) granting pardons for acts established by the County law, except for war crimes, crimes against humanity and genocide,

e) submitting requests to the Constitutional Court of the Federation, in accordance with Article IV.C.10.(2) (b) and (d) of the Constitution of the Federation,

f) considering the reports of the Ombudsman and ensuring cooperation of the County bodies with the Ombudsmen,

g) implementing the policy and executing the regulations of the County, including ensuring the execution of decisions of the County courts and the courts of the Federation,

h) issuing recommendations and initiatives in the field of County legislation,

i) ensuring cooperation with the bodies of the Federation,

j) signing international agreements on behalf of the County,

k) other issues established by this Constitution and the County law, as well as tasks entrusted to him by the Assembly.

Article 46.

The Prefect, in agreement with the Deputy Prefect, appoints and dismisses the Government, proposes judges of the County Court, and proposes amendments to the County Constitution.

Article 47

The Deputy County Governor is responsible for:

a) replacing the County Governor in the cases specified in Article 45 of this Constitution,

b) acting together with the County Governor in accordance with Article 46 of this Constitution,

c) exercising the powers delegated by the County Governor or the Assembly,

d) assisting the County Governor in implementing the policy of implementing County regulations.

3. COUNTY GOVERNMENT

Article 48

The County Government consists of the President, Deputy President and Ministers.

The President and Deputy President, as well as the relevant ministers and their deputies, cannot be from the same constituent people.

The Government consists of an equal number of members from the Croat and Bosniak peoples as well as a certain number of members from the other peoples.

Article 49

The County Government and Deputy Ministers are appointed by the County Governor, with the consent of the Deputy County Governor, and confirmed by the Assembly by a two-thirds majority vote.

Every vacant position is filled by the same procedure.

Article 50.

The County Government can be dismissed by decision of the county with the consent of the deputy county or by a vote of no confidence in the Government by a two-thirds majority of votes in the Assembly.

The prefect dismisses the minister and deputy ministers at the proposal of the president with the consent of the deputy prime minister.

Article 51.

The County Government is responsible for:

a) implementing county policy, proposing and enforcing county laws and other regulations,

b) enforcing decisions of any county or federal court and exercising any other authority entrusted to the County by the federal government,

c) preparing a budget proposal,

d) ensuring cooperation between the County Government and the Ombudsman,

e) supervising the investigation and prosecution of violations of county laws, as well as the county police,

f) ensuring that the national structure of the police maintains the national structure of the population of the County, provided that the national structure of the police of each municipality must reflect the national structure of the population of that municipality,

g) exercising other authorities established by this Constitution or other regulations.

Article 52.

The Government is authorized to issue decrees with the force of law in extraordinary circumstances when the Assembly is unable to act.

The regulation adopted pursuant to paragraph 1 of this Article shall cease to be valid as soon as the circumstances that prevented the Assembly from acting cease to exist, and no later than 30 days after its adoption.

The regulations referred to in paragraph 1 of this Article may not derogate from the rights and freedoms established by the Constitution of the Federation and this Constitution.

The regulations referred to in paragraph 1 of this Article shall be adopted by the Government by a two-thirds majority, including a majority of votes of the members of the Government from the Croat people and a majority of votes of the members of the Government from the Bosniak people.

Article 53

The County Prefect and Deputy County Prefect, the President and Deputy President of the Assembly, the President and Deputy Prime Minister of the Government, ministers and their deputies may not be criminally prosecuted or held liable in civil proceedings for any action taken in the performance of their functions without the prior approval of the Assembly.

C. JUDICIAL AUTHORITY OF THE COUNTY

Article 54

Judicial function in the County shall be performed by the County and municipal courts.

Article 55.

County courts are responsible for:

- deciding on appeals against decisions of municipal courts,

- deciding in the first instance in criminal and civil matters determined by the law of the County,

- deciding on cases determined by this Constitution,

- exercising other jurisdictions in accordance with the law of the County.

Article 56.

Decisions of county courts issued on appeals against decisions of municipal courts are final and enforceable, except when they concern issues concerning the Constitution of the Federation, laws and other regulations of the Federation.

Article 57.

When the court decides under urgent procedure pursuant to the provision of Article 37 of this Constitution, the county court is obliged to issue a decision within 7 days.

Article 58.

Judicial power in the County is autonomous and independent and is exercised on the basis of the Constitution and law.

Article 59.

Courts in the County ensure equal status for all parties in court proceedings.

Article 60

Court proceedings shall be public unless otherwise provided for by law in certain exceptional situations.

All judgments shall be made public.

Article 61

The Assembly may, in accordance with the law of the Federation, prescribe supplementary rules to ensure the uniformity of procedure and the basic principles of fairness in the courts of the County.

In accordance with the rules referred to in paragraph 1 of this Article, each court shall determine its internal organization.

The number of judges shall be determined by special regulations.

Article 62

Judges of the County Courts shall be proposed by the County Prefect, in agreement with the Deputy County Prefect, from among eminent jurists, and shall be elected by the Assembly by a majority vote, provided that the national structure of the County Court judges shall reflect the national structure of the population of the County as a whole.

Article 63.

Judges of county courts shall serve until the age of 70, unless they resign or are removed, for reasons prescribed by law, by consensus of the judges of the Supreme Court of the Federation, or by a majority vote of the Croat and Bosniak representatives in the County Assembly.

The terms and termination of service shall be determined by by the personal law of the County.

The salaries and other remuneration of judges may not be reduced during their service in the County court.

Article 64.

Judges of County courts shall elect the president of the court from among the judges of that court in accordance with the law.

VI. MUNICIPAL AUTHORITIES

1. General provisions

Article 65.

Local self-government shall be exercised in a municipality in accordance with the Constitution, the law and the statute of the municipality.

Article 66.

A municipality shall have a statute.

The statute of the municipality and other regulations must be in accordance with the Constitution of the Federation, this Constitution and the legislation of the county.

Article 67.

A municipality shall be competent for the performance of local self-government tasks as well as for the performance of tasks delegated to it by the County or the Federation.

In exercising its powers, a municipality shall:

a) take all necessary measures to ensure the protection of the rights and freedoms established in the Constitution of the Federation and in the instruments listed in the appendix to the Constitution of the Federation and this Constitution.

b) take into account the national structure of the population of the municipality.

2. MUNICIPAL COUNCIL

Article 68

Each municipality has a municipal council.

Article 69

The number of councilors is determined by the municipal statute, with the provision that there cannot be more than 30 of them.

Article 70.

Municipal councilors are democratically elected by voters in direct elections throughout the municipality.

Every full-fledged voter is a possible candidate for the post of municipal councilor.

The mandate of members of the municipal council is two years.

Article 71.

The Municipal Council:

a) prepares and adopts the municipal statute by a two-thirds majority,

b) organizes the election of the president of the municipal council,

c) elects and dismisses the municipal mayor,

d) adopts the municipal budget and passes regulations on taxation and otherwise secures the necessary financing that has not been provided by the county or federal government,

e) passes its own rules of procedure,

f) passes other regulations on the exercise of municipal powers,

g) performs other tasks in accordance with the law.

Article 72.

The Municipal Council shall sit in public, except in exceptional circumstances provided for in the rules of procedure, and shall keep minutes of the discussions and decisions made.

Article 73.

Municipal regulations shall enter into force as prescribed therein, but not before they are published in the official gazette of the municipality.

Article 74.

The municipal statute shall determine the procedure and manner of electing the president of the municipal council.

3. MAYOR

Article 75

Each municipality has a mayor.

Article 76

The mayor is elected by the Municipal Council.

More detailed provisions on the election of the mayor are prescribed by the Municipal Statute.

Article 77

The functions of mayor and municipal councilor are incompatible.

Article 78.

The municipal mayor is responsible for:

a) implementing municipal policy, executing municipal regulations and delegated or transferred powers from the county or federal government,

b) ensuring cooperation between municipal officials and ombudsmen,

c) submitting reports to the municipal council and the public on the implementation of municipal policy and its activities,

d) ensuring the organization of the municipal administration and its work,

e) managing the work of municipal services and officials,

f) appointing and dismissing municipal officials,

g) consulting on the election of municipal court judges,

h) preparing proposals to be considered by the municipal council,

i) exercising other powers established by law and the municipal statute.

4. MUNICIPAL COURTS

Article 79.

Municipal courts are established by law of the county.

Municipal courts are financed from the county budget.

Article 80.

A municipal court is established for the territory of a municipality. One municipal court may be established for two or more municipalities.

Article 81.

Municipal courts shall have original jurisdiction in all civil and criminal matters, unless the Constitution of the Federation, this Constitution, a law of the Federation or a Canton has transferred part of the original jurisdiction to another court.

Article 82.

Judges of municipal courts shall be appointed by the President of the Canton Court, after consultation with the Mayor of the Municipality, taking into account proportional national representation, with the confirmation of the Canton Assembly.

Article 83.

Municipal judges shall hold office until the age of 70, unless they resign or are removed in accordance with the law by consensus of the judges of the Canton Court.

The election, terms of office and termination of office of municipal judges shall be determined by Canton law.

Article 84.

The salaries and other allowances of judges shall not be reduced during their service in the municipal courts.

VII. AMENDMENTS TO THE CONSTITUTION

Article 85.

Amendments to the Constitution may be proposed by the County Prefect in agreement with the Deputy Prefect, the County Government, a majority of the representatives in the Assembly or a majority of the Croat or Bosniak representatives in the Assembly.

A proposed amendment to the Constitution shall not be finally considered in the Assembly before the expiry of a period of two weeks after it was first submitted.

A proposed amendment shall be adopted by a two-thirds majority of the votes of the representatives in the Assembly.

Article 86.

No amendment to the Constitution may abolish or diminish any of the rights and freedoms set out in Article II.A.1.-7 of the Constitution of the Federation, nor amend this Article of the Constitution, nor amend this Article of the Constitution.

VIII. ADOPTION AND ENTRY INTO FORCE OF THE CONSTITUTION AND TRANSITIONAL ARRANGEMENTS ENJA

Article 87

The representatives in each Municipal Assembly elected in 1990, whose mandates are still valid, shall, as soon as possible, elect municipal authorities during the transitional period in accordance with the Constitution of the Federation and this Constitution. The authorities referred to in paragraph 1 of this Article shall perform their duties until the first municipal elections.

Article 88

No person serving a sentence imposed by the International Tribunal for the Former Yugoslavia, nor any person indicted by that Tribunal who fails to appear before the Tribunal upon its summons, may run for office or hold any public office in the territory of the County.

Article 89

The published results of the 1991 Population Census shall be used in calculations requiring population data.

Article 90

The Constitution of the County shall be adopted and promulgated by the County Assembly.

The adoption of the Constitution shall require a two-thirds majority of the representatives in the County Assembly.

This Constitution shall enter into force at midnight on the day it is adopted by the County Assembly.

Number: III-01-027-01/96 President of the Assembly

Mostar, 23 December 1996 Ivan Bender