The address of the president of the Republika Srpska (RS) entity, Milorad Dodik, at the conference in Istocno Sarajevo after the meeting with the leaders of the Coalition of Three and the representative of the European Union (EU), Angelina Eichhorst, best illustrates the paradox of the political situation in Bosnia and Herzegovina (BiH).
Dodik’s calls for the de-escalation of the political crisis that he made yesterday may seem tame and tempting, but only for those who do not follow the behavior of the first man of RS politics continuously, especially in recent months, and for the whole picture it is necessary to go back a little.
In order to calm the situation in BiH, Dodik proposed yesterday that all 14 priorities from the Opinion of the European Commission be adopted in the package or that three key laws be adopted (the law on the High Judicial and Prosecutorial Council (HJPC), the law on preventing conflicts of interest and the law on the courts of BiH), with the condition that the issue of the status of foreign judges be resolved. Dodik also requests that the Constitutional Court withdraw its decision on the amendment of the court rules, which allows sessions to be held without the presence of judges from the RS.
Only after that, Dodik says that he will withdraw the law that he announced on the non-application of the decisions of the Constitutional Court of BiH on the territory of the RS.
Moreover, as a condition for calming tensions, Dodik is also asking for the appointment of the missing finance minister who is from his party. However, this detail is not the slightest problem in relation to the essential requirements and should probably be used as a cover in the whole situation.
So, the situation is such that Dodik can obviously do what he wants, even pass laws that collapse the country’s constitution, and humiliate institutions, as well as the High Representative, but the International Community has no solution. Yesterday morning, Dodik again sat down at the table as an equal partner and dictated his terms.
Create a problem, then negotiate politically
In other words, Dodik causes a problem by refusing to appoint a missing judge to the Constitutional Court of BiH due to his blackmail and non-recognition of the Constitutional Court. Then, in the National Assembly of the RS (NARS), he passes a decision calling on the only judge from the territory of the RS to withdraw from the Constitutional Court. After that court amends the rulebook and determines that sessions can be held without judges from one of the entities, because the quorum is five judges and because decisions are made without an ethnic prefix, Dodik passes a law rejecting the application of the decisions of the Constitutional Court in the RS.
After that, he passed and published the law on non-application of the decisions of the High Representative in the RS. And when legal experts agree that it is a direct attack on the state, the leader of the RS entity again dictates the pace of politics.
He did that yesterday in Sarajevo, wrapping his essential demands in a general story about the European path, about 14 priorities, about reforms. And now, in order for BiH to take a step forward toward the EU, it is necessary to adopt the priorities from the Opinion of the European Commission. And there would be nothing in dispute if Dodik did not literally blackmail, primarily the Coalition of the Three, but also international representatives.
He is asking for the adoption of all 14 priorities because they include solving the status of foreign judges, where Dodik only agrees to their expulsion. And if that does not work, Dodik allegedly offers an alternative, which is the adoption of three key laws (the HJPC law, the law on preventing conflicts of interest, and the law on the courts of BiH), in addition to the already mentioned resolution of the status of foreign judges, i.e. their expulsion and the withdrawal of the decision of the Constitutional Court on amending the rulebook that it is possible to hold a session without judges from the territory of the RS.
Additionally, Dodik requests that the Constitutional Court cancel all decisions previously imposed by High Representative Christian Schmidt. Only in these circumstances does he announce that he will withdraw his laws directed against the Constitutional Court and the High Representative.
This led to a situation where Dodik, who was the first to create the problem, is now stipulating that he will retract the disputed decisions if his demands are agreed to. An unprecedented Paradox.
It is interesting that HDZ yesterday expressly called for the fulfillment of 14 priorities, then for the adoption of three key laws, but with the condition that the reform of the electoral law and the issue of the Constitutional Court of BiH be completed.
Therefore, both the SNSD and the HDZ, in addition to the laws requested in the Opinion of the European Commission, add the resolution of the Constitutional Court issue, as well as the electoral law.
The Constitutional Court as an essence
According to Dodik’s ideas, the continuation of the EU path is possible, but with the primary expulsion of foreign judges, which is the essence of the request. And if foreign judges are expelled, then the further work of that body must be determined differently. This is where the trap lies and the SNSD’s previously expressed demands, which will undoubtedly be supported by the HDZ, to introduce an ethnic criterion for the decision in the Constitutional Court. The idea is that for the decision, as of now, five votes are needed, but for the adoption of the decision, at least one Bosniak, Serb, and Croat must vote.
It should be recalled that the Constitutional Court is an institution that was neither conceived nor worked on ethnic determinants.
If in this case one agrees to the rhythm that Dodik imposes and if one goes over the already violated constitution without any political consequences for him, it will definitely be Dodik’s success, and the defeat of the state and institutions. The ball is in the Coalition of Three’s court, because, despite the necessary reforms from the EU’s demands, it cannot be a cover for Dodik’s demands, which will revive him politically until some new attack on the state.
Everything contrary to that comes down to the witless jokes that Dodik told at the conference in Istocno Sarajevo, Klix.ba reports.
E.Dz.
