The Restitution of the Sacred: Faith, Property, and Legal Reconstruction in Bosnia and Herzegovina

Abstract

This article examines the restitution of ecclesiastical property in Bosnia and Herzegovina as a key test of post-socialist constitutionalism and religious freedom. It outlines the socialist legacy of nationalization and its lasting effects on the legal status of religious communities in the region. In Bosnia, the consociational system created by the Dayton Accords, together with fragmented competences and political resistance, has hindered the implementation of restitution and produced structural inequality. The European Court of Human Rights’ judgment in Orlović and Others v. Bosnia and Herzegovina illustrates how non-enforcement of property rights undermines both minority protection and confessional pluralism. The article argues that effective ecclesiastical restitution is essential for rebuilding trust, ensuring legal certainty, and consolidating a genuinely pluralist democratic order.