Deputies of the National Assembly of the RS adopted today the Law on non-application of the decisions of the Constitutional Court of Bosnia and Herzegovina in Srpska with the votes of 56 deputies “for” and no votes against. Fierce political reactions came from the Federation of Bosnia and Herzegovina.
Source: FENA
“The law by which the National Assembly of Republika Srpska prescribed that the decisions of the Constitutional Court of BiH will not be published, applied and executed in the territory of that entity represents a gross violation of the Constitution of Bosnia and Herzegovina, the Dayton Peace Agreement and an open attack on the constitutional and legal order of Bosnia and Herzegovina”, it is stated in the joint statement of the SDP BiH, Narod i Pravda and Our Party (the “Troika” party, which together with SNSD and HDZ form the government at the level of BiH).
They point out that “it is quite clear that the adoption of this Law is unconstitutional because the Constitution of BiH and all other positive norms clearly stipulate that “a lower administrative unit cannot derogate from the decisions of the state and state institutions”.
“We remind the authorities in the entity of Bosnia and Herzegovina, Republika Srpska, and especially the president of that entity, Milorad Dodik, that the existence, composition and manner of decision-making of the Constitutional Court of Bosnia and Herzegovina are part of the Constitution of Bosnia and Herzegovina, which in turn is part of the Dayton Peace Agreement. Although he often refers to the ‘letter of Dayton’ in his reductionist interpretation of the Dayton Agreement, it is clear from the treatment of the Constitutional Court of Bosnia and Herzegovina that Milorad Dodik and the authorities in Republika Srpska are violating the basic provisions of the Dayton Peace Agreement. Such an approach shows that in fact no principle is respected except for bare legal and political violence. The Constitutional Court, with its unique role in the judicial system of Bosnia and Herzegovina, represents one of the most important institutions of the state of Bosnia and Herzegovina, and we clearly say that the attack on the Constitutional Court is actually an attack on the Dayton Peace Agreement and a direct threat to peace in Bosnia and Herzegovina.”it is stated in the announcement of “Troika”, reports N1 BiH.
From the SDP BiH, Narod i Pravda and Naše strekje, they also condemn, as they state, “the racist statements of Milorad Dodik about the judge of the Constitutional Court of BiH who comes from Albania, as well as the attacks on the reisul-ulema of the Islamic Community in BiH Husein ef. Kavazovic”.
“Hate speech and open racist attacks on judge Ledio Bianku (Dodik called him “Shiptar”) are unacceptable in the public space in democratic societies. Today, Milorad Dodik is the only significant political actor in the entire region who will use such insults when it comes to members of the Albanian people, which in fact represents a complete departure and opposition to any initiatives for regional integration. We also point to the inappropriately harsh statement against the reisul-ulama of the Islamic Community in Bosnia and Herzegovina, Husein ef. Kavazović.”the statement added.
The troika calls on the National Assembly of Republika Srpska to fulfill its constitutional obligation and appoint the missing judges to the Constitutional Court of BiH and to return to the framework of constitutional action.
“We clearly recognize that this is not about any bluff or politicking, but about the intention to attack the constitutional and legal order of Bosnia and Herzegovina. The Prosecutor’s Office of Bosnia and Herzegovina has every obligation and responsibility to act in such cases. Article 156 of the Criminal Code of Bosnia and Herzegovina prescribes the criminal offense of attacking the constitutional order, while Article 239 defines refusal to execute the decisions of the Constitutional Court of Bosnia and Herzegovina as a criminal offense, and the Prosecutor’s Office of Bosnia and Herzegovina has an unequivocal obligation to react. Also, we clearly indicate that such decisions directly threaten peace in Bosnia and Herzegovina and the region. It is not possible to respond to legal violence with any kind of compromise or compromise, and we will undoubtedly use all legal and political means to stop such destructive campaigns. In the conditions of open blackmail, it is clear that it is impossible to expect that the BiH Parliamentary Assembly will consider any law on the Constitutional Court of BiH. At the same time, we expect the international community, and especially the high representative in BiH, to stand resolutely and unequivocally in the protection of peace, the Dayton Agreement and the constitutional and legal order of Bosnia and Herzegovina. The adoption of such laws and the announcement that they will treat the Prosecutor’s Office of BiH and SIPA in a similar manner represent an acute challenge to peace in BiH and the region,” stands at the end of the joint statement of the SDP, Narod i Pravda and Our Party.
Komšić: “let Marfi Dodika into power”
BiH Presidency member Željko Komšić called out American Ambassador Michael Murphy.
“While Murphy announces that ‘by the end of the year’, and we don’t know which one, he will ‘finish with Dodik’, and Dodik announces that ‘by the end of the year, Murphy will leave’, while Sattler announces a never-before-seen momentum on the European road, while Schmidt walks through Europe and he tells nonsense that he himself does not believe, a man from the American blacklist who was allowed into power by the American Murphy and the Council of Ministers, is leading Bosnia and Herzegovina into a state of classical rebellion based on the model of Radovan Karadžić, which preceded the aggression and war of the nineties. Komšić said, reports Klix.
He emphasized that “today, just like then, the institutions of Bosnia and Herzegovina that are required to do so by law (prosecutors’ offices, police and security agencies) do not react”. He added that it is possible that they are waiting for a signal from their real “bosses”, located in embassies, missions, offices in Sarajevo.
“That is why it seems meaningful to me to call on those their true masters, when these institutions will not implement the will of the one who should be their ‘true master’, the Constitution and the laws of this country, to finally order them to do their work in accordance with the Constitution and by law. If that doesn’t happen, then at least let ‘us radicals’ not be surprised when we say that we will defend our country in every way! We did once and we always will!”, threatened Komšić.
(World)