High Representative in Bosnia and Herzegovina Christian Schmidt amended the Election Law in 2022, benefiting Bosnian Croats in the formation of the government. However, Deutsche Welle reports that a ruling by the European Court of Human Rights (ECHR) in the "Kovacevic" case could complicate the situation.

Schmidt’s changes came after years of political deadlock in the Federation of Bosnia and Herzegovina (FbiH) entity. On election night two years ago, he imposed amendments to the Election Law related to the functioning of the FBiH House of Peoples after failed negotiations with US-EU mediators.

“To ensure the future of this country, there must be no more blockades. That’s why I imposed measures to improve the functionality of institutions in the Federation,” Schmidt said at the time.

The changes primarily allowed Croats to secure better representation in the government by increasing the number of delegates in the House of Peoples based on ethnicity. However, another intervention six months later further modified the Federation’s Constitution, enabling the government to be confirmed without requiring signatures from both vice presidents of the Federation. This move followed the refusal of Bosniak Vice President Refik Lendo (SDA) to sign off on the new government without the Democratic Action Party's (SDA) inclusion.

Schmidt’s amendments addressed, in part, the “Ljubic” ruling concerning the election of delegates to the Federation’s House of Peoples. However, the ECHR’s “Kovacevic” case, currently under review, may complicate these changes. The court previously ruled that Bosnia violated the plaintiff’s electoral rights, stating, “Bosnia and Herzegovina breached Article 1 of Protocol No. 12 (general prohibition of discrimination) of the European Convention on Human Rights.”

The ruling criticized the country’s political system, which privileges the three main ethnic groups (Bosniaks, Croats, and Serbs), thus reinforcing ethnic divisions. The case argues that citizens who do not belong to these groups face discrimination, being unable to vote or be elected in certain regions.

Suppose Bosnia’s appeal at the ECHR is unsuccessful. In that case, Schmidt's imposed changes to the Election Law and Constitution may be called into question, as they could further entrench the ethnic framework that the court has condemned.