Preliminary observations
Although the Decision of the High Representative Enacting the Law on Amendments to the Law on Financing of the Institutions of Bosnia and Herzegovina of 17 July 2025 is clear in its wording, scope, and binding legal effect, certain questions have been raised on its practical implementation. To avoid doubt and ensure its uniform and faithful execution in accordance with its object and purpose, the present Authentic Interpretation is issued.
This Authentic Interpretation does not constitute a new decision, nor does it amend, modify, suspend, or replace the High Representative’s Decision. It serves exclusively to clarify the meaning, legal effects, and intended application of the existing provisions of that Decision, in particular with respect to the allocation, transfer, carry-over, and availability of funds for the implementation of the Final Report on the Implemented Pilot Projects Introducing New Technologies in the Election Process in Bosnia and Herzegovina and the Feasibility Study for the Introduction of Specific Election Technologies in the Election Process in Bosnia and Herzegovina prepared by the Central Election Commission of Bosnia and Herzegovina and adopted by the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina on 15 April 2025 (hereinafter: “feasibility study”).
Accordingly, this Authentic Interpretation reaffirms the binding and directly applicable nature of the High Representative’s Decision and provides authoritative clarification to ensure that its implementation remains consistent with its original content and intent, including the envisaged funding framework for 2025 and 2026 and the established implementation timeline leading to the October 2026 General Elections.
It is noted that the clarification of the Office of the High Representative delivered on 29 December 2025 provides, inter alia: „As per the Decision, the obligatory norm prescribing the allocation and its availability to the Central Election Commission of Bosnia and Herzegovina remains applicable regardless of the state of budget adoption and as long as the implementation of the Feasibility Study for Introduction of Specific Elections Technologies in the Election Process in Bosnia and Herzegovina is deemed complete. Consequently, appropriation of funding following the passage of the 2025 Budget of the Institutions of Bosnia and Herzegovina and the International Obligations of Bosnia and Herzegovina, without availing the respective funds to the Central Election Commission of Bosnia and Herzegovina in 2026 in the form of multi-year project or otherwise, would represent both a biased interpretation and an act in contravention to the High Representative’s Decision.“
The said clarification further provides that: “(…) it is, therefore, the obligation of the competent authorities of Bosnia and Herzegovina to implement the High Representative’s Decision as it reads and in accordance with the 28 February 2025 Final Report on the Implemented Pilot Projects Introducing New Technologies in the Election Process in Bosnia and Herzegovina and the Feasibility Study for the Introduction of Specific Elections Technologies in the Election Process in Bosnia and Herzegovina, without imposing additional technical or other preconditions to the Central Election Commission of Bosnia and Herzegovina, thus allowing for the introduction of election technologies aimed at contributing to fair and transparent 2026 General Elections.”
In addition, the letter of 4 February 2026, signed by the Ministry of Finance and Treasury and addressed to the Central Election Commission of Bosnia and Herzegovina, expressly relied on Article 3 of the Decision of the High Representative thereby confirming recognition of the legal basis, purpose, and temporal framework of the allocation, namely the fact that the funds provided thereunder were envisaged for the fiscal years 2025 and 2026 to ensure full financing of the procurement of election technologies for the 2026 General Elections. Article 3 of the operative part of the High Representative Decision provides:
“The profit of the Central Bank of Bosnia and Herzegovina as established by the BiH Central Bank’s Governing Board shall be allocated:
– to the Central Election Commission of Bosnia and Herzegovina in the amount specified by the Final Report on the Implemented Pilot Projects Introducing of New Technologies in Election Process in Bosnia and Herzegovina and Feasibility Study for Introduction of Specific Elections Technologies in the Election Process in Bosnia and Herzegovina of
28 February 2025. This allocation shall cover in full the costs of procuring election technologies to be introduced in 2026 General Elections.”
Authentic Interpretation
The High Representative’s Decision Enacting the Law on Amendments to the Law on Financing of the Institutions of Bosnia and Herzegovina of 17 July 2025 (“Official Gazette of Bosnia and Herzegovina”, Nos. 61/04, 49/09, 42/12, 87/12, 32/13 and 38/22) (hereinafter: the Decision), consists of two parts: the operational part and the part amending the Law on Financing of the Institutions of Bosnia and Herzegovina.
The operational part (Articles 1 to 10) of the Decision was enacted by the High Representative pursuant to his international mandate, it is directly applicable, requires no implementing act to produce full legal effect, and prevails over any inconsistent provision of any law, regulation, decision, or other act, whether existing or subsequently adopted. It instructs the competent authorities to undertake all actions necessary to achieve the objectives of the Decision, including—without limitation—ensuring the provision and availability of funds required for the procurement of election technologies and related services for the 2026 General Elections.
The Decision expressly envisages a multi-year funding framework covering fiscal years 2025 and 2026, fully aligned with the Implementation Timeline contained in the Feasibility Study, which establishes phases and deadlines in both years to ensure operational readiness for the October 2026 General Elections.
The competent authorities are therefore legally required to implement the Decision as adopted, without imposing additional technical or procedural preconditions, thereby ensuring the timely introduction of election technologies foreseen for the October 2026 General Elections and safeguarding the integrity and transparency of the electoral process.
Specifically:
- Pursuant to Article 3 of the Decision, the funds allocated from the profits of the Central Bank of Bosnia and Herzegovina to the Central Election Commission of Bosnia and Herzegovina, in the amount and for the period specified in the Feasibility Study, were duly secured for the procurement of election technologies for the 2026 General Elections.
- In accordance with Articles 4 and 5 of the Decision, any unspent funds allocated under the Decision shall be carried over and incorporated into the 2026 Budget of the Institutions of Bosnia and Herzegovina and International Obligations of Bosnia and Herzegovina, in accordance with their designated purpose related to the procurement of election technologies and associated services by the Central Election Commission of Bosnia and Herzegovina.
- The funds secured under the Decision are earmarked and shall remain available to the Central Election Commission of Bosnia and Herzegovina throughout the entire 2026 fiscal year.
- The Decision further obliges and authorizes the Minister of Finance and Treasury of Bosnia and Herzegovina to transfer all unspent funds secured under the Decision to the 2026 fiscal year and to ensure their availability for the designated purpose throughout 2026. Failure of the Minister of Finance and Treasury of Bosnia and Herzegovina to execute the transfer without delay, that is within one day after publication on the official website of the Office of the High Representative of this authentic interpretation, shall automatically trigger the obligation and authority of the Deputy Minister of Finance and Treasury of Bosnia and Herzegovina to execute the transfer without delay.
- A request or any other act signed by the Minister of Finance and Treasury or the Deputy Minister of Finance and Treasury for the purpose of fulfilling the obligations set out above shall be deemed legally sufficient for its full execution. The execution of such signed request or any other signed act shall not be made subject to or conditional to any additional procedural, technical, or formal requirement under rules of office management, rules governing the use of official stamps, or any other internal act prescribing other formal prerequisites.
In the event that, after the end of the 2026 fiscal year, funds allocated and earmarked pursuant to the Decision remain unspent by the Central Election Commission of Bosnia and Herzegovina, these funds may be provided to the Central Election Commission of Bosnia and Herzegovina either through the regular financing of the Central Election Commission of Bosnia and Herzegovina or as part of expenditures allocated for the financing of elections. Alternatively, the Central Election Commission of Bosnia and Herzegovina may submit a proposal to the Council of Ministers of Bosnia and Herzegovina to adopt a decision recognizing such remaining funds as part of the same multi-year investment project or special-purpose project and to transfer them to subsequent budget years, in accordance with the provisions of the Law on Financing of the Institutions of Bosnia and Herzegovina.
This Authentic Interpretation shall be considered an integral part of the High Representative’s Decision Enacting the Law on Amendments to the Law on Financing of the Institutions of Bosnia and Herzegovina of 17 July 2025 (“Official Gazette of Bosnia and Herzegovina”, Nos. 61/04, 49/09, 42/12, 87/12, 32/13 and 38/22). It does not establish new rights or obligations, nor does it amend or supplement the Decision, but reaffirms its meaning, scope, and legal effect compliant with its objective and purpose.
This Authentic Interpretation is clarificatory in nature. It does not create new norms but confirms the meaning of the Decision. It shall be published without delay on the official website of the Office of the High Representative and in the Official Gazette of Bosnia and Herzegovina.
Sarajevo, 24 February 2026
Christian Schmidt
High Representative