Glossary
ACTS OF THE GOVERNMENT
The Government of the Federation, when exercising its rights defined by the Constitution of the Federation, issues decrees, decisions, resolutions and conclusions. The Government of the Federation issues decrees in accordance with the Constitution of the Federation. Decree regulates the most important issues under the authority of the Government of the Federation, relations for implementation of laws, establishment of expert and other departments of the Government and defines principles for internal organization of federal authorities. A decision regulates individual issues or prescribes measures of the Government, gives approval or confirmation of acts of other authorities or organizations, and decides on other issues not covered by a decree. A resolution regulates appointments and relieving of duty, as well as other individual issues under the authority of the Government. A conclusion defines the opinion about issues of importance for implementation of defined policy, regulates internal relations in the Government and determines tasks of federal authorities and departments of the Government.
AMENDMENT
Correction, addition to a Law, proposal for modification and supplementation. In the Parliament of the FBiH the amendments can be made by all representatives and authorized law proponents. It is submitted in writing with an explanation and if it includes provisions about financial obligations, the proponent is obligated to indicate sources of funding. The proponent can submit an amendment until the end of the debate and all others, 8 (eight) days before the session when the debate is taking place. The Government can also submit amendments until the end of debate about laws even if the Government did not recommend them. The proponent gives an opinion about amendments and also the Government does, even if the Government did not recommend the law in question. The accepted amendment becomes an integral part of the proposed law. The amendment is passed by a majority of votes of attending representatives.
AUTHENTIC INTERPRETATION
Interpretation of a norm by the creator (the legislator). A general act determining the trueness, credibility, authenticity and proper meaning of an insufficiently clarified provision of the law or another act. It is applied and goes into force on the day the law or other act goes into force. The initiative can be made by authorized law proponents, the Constitutional Court of the FBiH, the Supreme Court of the FBiH, ombudsmen, the Human Rights Court, Federal Prosecutor and Attorney, citizens, companies and other legal entities. The initiative is submitted to Houses of the Parliament and the Legislative Commission, after obtaining the opinion of the Government and relevant working bodies, will evaluate the grounds and in that case define the text of interpretation about which it reports to the House. The procedure for definition of authentic interpretation is the same as for the law.
BUDGET
The plan of income and expenses for a certain period of time. In legal theory there is no unique opinion whether that is a law or not. The budget is one of the most important instruments for distribution of national income. It can be used as an instrument of financial and economic policy but also for achievement of another policy (social, health care, development…). Basic principles: transparency, balance (avoiding surplus and deficit), specifications (income shown by sources and expenses by beneficiaries), unity (in one document), completeness, accuracy and prior approval (there is no collection or spending without the decision of Parliament for acceptance of the budget or a decision on temporary financing). According to the Constitution of the FBiH the President of the FBiH shall dissolve both Houses of the Parliament if they fail to pass the budget before the start of the budget year.
URGENT PROCEDURE
The procedure of passing the law when it was concluded that passing through a regular procedure would cause damages to the Federation. This is decided upon in the Parliament as a prior matter, before the Agenda is defined. In case of an urgent procedure, amendments can be submitted until the end of the debate.
INITIATIVE
The initiative for passing the law can be made by assemblies of cantons, city and municipal councils, citizens, companies and other legal entities. The Government and working bodies of the Parliament shall give an opinion about the initiative. If the initiative is accepted, the conclusion shall determine the method and responsible parties for preparation of the draft law.
INTERPELLATION
Query made in the Parliament to the Minister, usually about an event or a process. It initiates certain questions and requires a solution. If it is accepted, the Government must obey it. Using interpellation, the Government can be requested to prepare a legal project or a other decisions in order to take measures to remedy the situation being indicated.
ELECTIVE CHARACTER OF PARLIAMENT
Means that the authority of its members derives from the will of the citizens expressed in general and direct elections. With bicameral parliament like the Parliament of the FBiH, general and direct elections are foreseen only for one House (House of Representatives of the Parliament of the FBiH) and member of the other House (House of Nations of Parliament of FBiH) are elected from cantonal assemblies. The term of members of the parliament is defined by their election and appointment.
PUBLIC DEBATE
The procedure for obtaining the opinion of citizens, stakeholders - interested departments, scientific and expert institutions, about the draft law or other issues of special importance to the Federation of BiH. It can be initiated by authorized proponents or clubs of members. The conclusion to have a public debate determines the method of publication of the draft law, the working body that will organize and conduct the public debate, the required funding and sources, the deadline and the method for collection and sorting of opinions and proposals. The report about the public debate is submitted to the proponent and the members. The proponent is obligated to explain the reasons for rejection of proposals and opinions from the debate.
PUBLIC ASPECT
The right of citizens to be informed about the work of the Government. Work of the Government of the Federation of BiH according to the law, is public like all acts passed (enacted) by the Government of the Federation of BIH. Public can be excluded only in very rare cases, when a law stipulates some extent of confidentiality. The accredited press representatives, under equal conditions, are entitled to access all documents undergoing discussion, and through the Office for Information professional assistance is provided to them.
COALITION
A written or a verbal agreement of two or more parties about cooperation, united approach and voting. It can be created before new assembly is announced or after that. In the current parliamentary life of BiH and the FBiH there is a specific form or coalition in the House of Nations. Namely, to pass a certain law it is necessary that majority of members of constitutive nations in those Houses make a consensus. This is a result of method for passing decision defined by the Constitution and could therefore also be called the unavoidable parliamentary partnership.
DRAFT LAW
A legal act prepared in a way that, in format of legal provisions, it formulates proposed solutions. Certain provisions can be given in one or more alternatives. It needs to include: constitutional grounds, explanation of reasons why it should be passed, principles it is based on, funding required for implementation and the sources, explanation of legal solutions, opinions of authorities to which according to the law all acts should be submitted for consultation (Federal Ministry of Justice, Office for Legislative Issues of the Government of the Federation BiH, Federal Ministry of Finance), with remark that objections of these bodies were accepted or an explanation why the objections were not accepted. If the Government is not the proponent, the draft is submitted to the Government to obtain Government's opinion. The draft can be discussed in the Parliament after expiration of 20 days after it was submitted to the members. In general, the debate is integral, but however, it can be done in two parts: the general debate and the debate about details. The draft is accepted by a conclusion stating that it can serve as a good basis for preparation of the proposal and the proponent, while preparing the proposal, is obligated to take into account all remarks and opinions from the debate.
VOTE OF NO CONFIDENCE TO THE GOVERNMENT
At least 20 members of the House of Representatives of the Parliament of FBiH can give a motion to have a vote of no confidence to the Government. The Government shall report to the members about the proposal within 30 days. The motion to have a vote of no confidence to the Government is included in the Agenda of the first session of the House that will take place after the Government submits a report, or, in case the Government fails to submit the report, after expiry of a period of 30 days. The proposal can be rejected, there can be a conclusion that the Government is obligated to undertake certain activities, or it can be accepted by passing a decision of vote of no confidence to the Government. A conclusion or a decision can be passed only by a majority of total number of members. The President and the Vice-President of the Federation of FBiH, as well as the Chairman of the House of Nations of the Parliament of FBiH, are informed about the decision.
DECISION
A name for different kinds of legal documents.
OBSTRUCTION
A means of parliamentary battle of opposition, which includes interference with the work of the parliament in various ways. Most often, it is non-participation of opposition in the work of the parliament, interfering with the work with too long speeches in order to delay decision-making, submitting proposals that delay the procedure, etc.
GENERAL DEBATE
Process of members giving opinion about whether the law should be passed, about principles it should be based on, and if those principles are duly reflected in the proposal, as well as about necessary funding and the sources. Until the debate is finished, the proponent can request a postponement of the debate and the Government can propose the postponement even if it does not act as the proponent. Decision about this is made immediately.
AUTHORIZED PROPONENT
Drafts and proposals of the law can be submitted by: the Prime Minister, who is responsible to propose and make recommendations in the field of legislation, by any member, club of members and working bodies of the Parliament.
PARLIAMENTARY PROCEDURE
Procedure for decision-making defined by the Constitution of FBiH, ensuring the legitimacy of the work of Parliament. Violation of defined procedures causes illegality of decisions. Changes of procedures defined by the Constitution in any other form or contrary to the defined form also causes unconstitutional and illegal parliamentary decisions.
CLARIFIED TEXT OF THE LAW
When there were several amendments to the law or another act, which make it badly readable and therefore more difficult to use, the Parliament initiates passing of a clarified text of the law. The clarified text of the law or another act includes only integral text of the law or an act whose clarified text is being defined. The clarified text of the law or another act under the authority of Parliament of FBiH is considered passed when it is passed by both the legislative commission of the House of Representatives and the relevant body of the House of Nations. The clarified text of the act goes into force the day it is published in the Official Gazette of Federation of BiH.
FIRST DRAFT/PRELIMINARY DRAFT
The act in informal legal phase of legislative procedure, in which, for the first time, the text of the law is formulated. Normally, it is prepared by expert departments (authorities), experts for a specific field of law or persons who acquired the ability to prepare normative acts. This is compulsory method of processed legal issue in the work of the Government, when preparing the issue for the Parliament of FBiH and that legal issue is discussed in the session of the Government in order to define a draft
.
PREVIOUS PROCEDURE
A discussion about the need to pass a law, basic issues that need to be defined and principles that the law should be based on, based on theses that the proponent can submit. By a conclusion the Parliament shall define the need to pass the law and will obligate the proponent to prepare the draft law.
PROPOSAL OF THE LAW
A text of the law submitted in the format of the law that will be passed. In addition to explanations from the draft law, it also includes issues resolved by the law, explanation of important legal decisions, amendments to the draft and an explanation why some remarks and proposals were not accepted. It can go into parliamentary procedure after expiry of a period of 20 after it was submitted to the members. The proponent can request a postponement before the end of the debate and the Government can request a postponement even if it does not act as the proponent. Changes to the proposal of the law are made by submitting amendments.
BUDGET REVISION
Reestablishment of the budget balance. An obligatory procedure when it is estimated that either income or expenses diverge from budget projections, which causes failure to achieve one of the most important budget principles - balancing. The cause can be unexpected or unrealistically projected expenses, delayed or poorly estimated collection of income, as well as economic occurrences or natural catastrophes. Budget revision is passed by the same procedure as the budget and it supersedes the original budget.
SHORTENED PROCEDURE
A procedure for passing a law when it is not a complex and extensive law, and, instead of a draft, a proposal is submitted and it is suggested that the debate be shortened. Deadline for submission of a law in a procedure like this cannot be shorter than 20 days from the day when the session of the parliamentary house is scheduled to debate on the proposal of the law. In addition to the Prime Minister and Deputy Prime Minister, one third of Ministers in the Government can refer to this provision. The Constitutional Court of FBiH can, in an urgent procedure, decide otherwise if requested by the Prime Minister or Deputy Prime Minister. The vital national interest can be referred to in the Government when:
1. An opinion is given whether the President or Vice-President of the Federation of BiH is permanently incapacitated to perform its constitutional duties deriving from his position, and in order to elect a new President or Vice-President of the Federation and fill out a position until the end of the current term (Article IV.B.3.(2) of the Constitution of the Federation of BiH); 2. A decree is passed in case of danger for the whole country when the Parliament of the Federation is not able to do that (Article IV.B.9. of the Constitution of FBiH); and 3. An amendment is proposed to the Constitution of the Federation of BiH (Article VIII of the Constitution of FBiH). Decisions in the three mentioned cases are made by consensus.
RELIEVING/DISMISSAL OF MINISTERS FROM DUTY
Upon the proposal of the Prime Minister, the President of FBiH relieves of duty a Minister.
RELIEVING THE PRIME MINISTER OF DUTY
The Constitution of FBiH has not foreseen relieving the Prime Minister of duty. The Government can be relieved by a decision of the President of FBiH with agreement of the Vice-President.
AUTHORITIES
The work under authority of the Federation, or the canton, is performed by authorities of the Federation, or canton respectively, and the work under authority of the city or municipality is performed by either city or municipal mayor, through city or municipal departments.
The authorities are established by the legislative authority upon the proposal of the government and city and municipal departments, city and municipal council upon the proposal of the mayor. The work of authorities is transparent. Federal authorities are Federal Ministries and federal departments.
ADMINISTRATIVE ORGANIZATIONS
Administrative organizations are administrative institutions within the state (federal) administration, which are, in addition to expert work, also involved in administrative work. Such institutions are most often called institutes, bureaus, boards, commissions, agencies, etc. Administrative organizations use scientific methods to perform studying, research and elaboration on issues for the needs of other institutions but can also be entrusted with certain administrative work. Administrative organizations can be established as independent federal institutions (e.g. Federal Statistics Institute) and federal institutions within a federal ministry (e.g. Institute For Public Administration within the Federal Ministry of Justice).
ADMINISTRATIVE WORK
The authorities shall, under their authority, especially perform the following work:
1) implement the defined policy and exercise laws and other regulations;
2) perform administrative supervision of implementation of laws and other regulations;
3) pass regulations for implementation of laws and other regulations;
4) propose and make recommendations in the field of legislation;
5) reply to questions asked by the legislative authority;
6) perform other administrative and expert work defined by the law and other regulations.
DECREE
The highest general legal act after the law, which is issued by the Government.
DECREE WITH A POWER OF LAW
A general legal act that the Government is authorized to issue in case of danger to the country, when the Parliament of FBiH is not able to do that. Details of this are regulated by the Constitution of FBiH in the Article B.3.9.
VITAL NATIONAL INTEREST
A constitutional category for safeguard of interests of constitutive nations in FBiH. It is precisely defined by the Amendments to the Constitution of the Federation of BIH proclaimed on April 19, 2002 by the High Representative for BiH ("Official Gazette of the Federation of BIH", No. 16/02)
