At the plenary session, which will be held on January 19th and 20th, the State Constitutional Court will issue a decision on non-execution of the earlier court decision regarding the work of the Concessions Commission of Bosnia and Herzegovina (BiH), which concerns the use of the hydro potential of the Drina River.
At the session held on July 16th, 2021, the Constitutional Court made a partial decision on admissibility and merits, ruling on the request of 24 members of the House of Representatives of the BiH Parliament to resolve the dispute between the State of BiH and its entity Republika Srpska (RS).
Then it was established that there is a dispute regarding the decisions on concessions regarding the concession property and the competence for their adoption, which was adopted by the RS.
For this reason, the State Commission for Concessions was ordered to resolve disputed issues related to the granting of concessions within three months at the latest.
The subject of the court’s partial decision was determining the conditions for awarding the concession for the construction and use of the hydroelectric power plant ”Buk Bijela” on the Drina river, in the area of the municipality of Foca, and the concession for the construction of the hydroelectric power plant ”Paunci”, also on the Drina river.
In their request to the Constitutional Court of BiH, state representatives pointed out that the entities do not have the right to manage and dispose of state property, which includes the establishment of a concession on state property.
The Commission for Concessions did not implement the partial decision of the Constitutional Court, so the court will issue a decision again on January 19th and 20th ordering the implementation of the decision from 2021.
At the same time, there is a fight for state property, which the Constitutional Court of BiH will have to decide again because the authorities from the smaller BiH entity, after contested decisions, only make other decisions of the same content and persistently insist that what belongs to the state be made available to them, Klix.ba reports.