Le “corti ibride” negli ordinamenti multinazionali: una prospettiva comparata

“Hybrid courts” in multinational states: a comparative perspective

Abstract

“Hybrid courts” in multinational states: a comparative perspective – Multinational states place constitutional courts before the delicate task of protecting the fundamental rights of minorities in contexts where it is often still necessary to ensure peace between groups. In some cases, the processes of conflict resolution provided for the introduction of so-called “hybrid courts”, i.e., a special configuration involving the presence of foreign judges alongside domestic judges in order to promote both the court’s domestic legitimacy as well as impartiality in the treatment of groups. The experience of Cyprus, Kosovo, and especially Bosnia and Herzegovina, shows how such hybrid courts pose significant critical issues in terms of the court’s legitimacy and effectiveness.

Keywords: Bosnia and Herzegovina; Hybrid constitutional courts; Foreign judges; Multinational states; Rule of law.