Judge Knežević knows best who and what kind of pressure was exerted on him and the consequences of all this. If Knezevic retires early and the Republika Srpska does not appoint judges to the Constitutional Court of Bosnia and Herzegovina, then the guardians of the Constitution of Bosnia and Herzegovina will be blocked.
That was the intention of Milorad Dodik, calling on Knezevic to withdraw. The Constitutional Court held an extraordinary session yesterday and replied to Dodik that he could not condition them, they changed the rulebook and court sessions can be held without the presence of judges from the RS.
We talked about work and the planned blockade, Knezevic, appointments, the international community with Mata Tadić, former president and judge of the Constitutional Court of Bosnia and Herzegovina.
“What is happening around the Constitutional Court of Bosnia and Herzegovina is not good and, I would say, very dangerous,” Tadić says at the beginning of the conversation.
He reminds that the Constitutional Court is one of the five institutions provided for in the Constitution of BiH – it is neither a legislative nor a judicial nor an executive authority, but has a special role and as such is the guarantor of the Constitution and the functioning of the state.
“If the Constitutional Court of Bosnia and Herzegovina is not functioning, then we actually do not have the one who, according to the Constitution, is supposed to protect the Constitution and its institutions,” warns Tadić.
He stated that what has been happening recently is a serious attack on the Constitutional Court and, as he says, seriously calls into question the functioning of the Constitutional Court and thus the functioning of the entire system provided for by the Constitution of Bosnia and Herzegovina.
“Our complexity of such arrangement leads to a series of constitutional disputes which are then resolved before the Constitutional Court. If that doesn’t work, then you have called into question the functioning of the entire legal system, which can then lead to a violation of the rule of law, legal uncertainty and a kind of anarchy,” said Tadić.
Regarding Judge Knežević’s move, or whether he announced his early retirement under political pressure, he says that it is not good for anyone to pressure judges of the Constitutional Court of Bosnia and Herzegovina.
“What was happening now, he actually knows best, what I know and what the public also knows is that the NSRS requested to withdraw from the Constitutional Court. Direct pressure – probably only he can explain that. Those of us who observe it from the outside – we interpret it as a certain pressure from the public authorities and all that is implied by that. This puts him in a position where he thinks whether he will continue or retire,” says Tadić.
“As for the pressure on the Constitutional Court – we are constantly exposed to it. You know that I spent over 20 years in the Constitutional Court and we had certain pressures, sometimes stronger, sometimes weaker, in terms of media appearances, political appearances, and whenever the media asked me – if there was direct pressure – I said no, no one called me to say make such and such a decision. But the whole environment in the public is being created in such a way as to put pressure on the Constitutional Court. So it’s nothing particularly new. What is new, now that it has happened, is the explicit request to withdraw from the Constitutional Court. And that is something that is worrying,” he added.
To the question of what if Knežević retires early, how can we expect the NSRS to appoint two new judges under these conditions, he answers:
“Difficult. There is already one blockage here. Secondly, there is a blockade from last year, from 1.11. when two judges left – my colleague and I – the sessions of the Grand Council cannot be held. That’s a serious block. If the Constitutional Court is not filled, we will bring it to the attention that it will also violate the right to a fair trial, which refers to a reasonable term. These are long-term consequences. Judge Knežević cannot be dismissed by the NSRS, the Constitution is clear – the position of a judge can only be dismissed by the Constitutional Court. But the Constitutional Court cannot do the filling, except to ask the competent body to fill it”.
He states that he would not rule out the possibility of Knežević changing his mind.
“I cannot say whether Judge Knežević will change his mind, that is his personal matter. I just know it’s not easy for him. He accepted a duty that is honorable, for a lawyer there is no greater function in his professional career. I wouldn’t rule out that possibility, but I wouldn’t be able to say that he will use it.”
