Will the border crossing in Gradiška remain temporary or permanent? Will this be another unresolved crisis in the administrative chaos of jurisdiction? Reactions, criminal charges, disputes and millions of lost images are the road signs that, as assessed, should lead to the European Union.
At 7 pm, the first passengers, with a ceremonial “good luck” from Minister Srđan Amidžić, who could not be in the chain of responsibility, but did open the new border crossing.
The official decision was made by Ivica Bošnjak, Deputy State Minister of Security, a member of the HDZ BiH, after which the Indirect Taxation Administration of Bosnia and Herzegovina, headed by Zoran Tegeltija from the SNSD, sent equipment and employees to the newly built crossing, although the Rulebook on the Systematization of Job Positions has not been adopted. This will be the subject of criminal charges for exceeding authority and illegal conduct.
Political accusations and responsibility
“Because we are talking about possible multi-million damage to the system of Bosnia and Herzegovina, because these high-tariff goods on which excise duties are paid, both those with inspection supervision and those that come from the European Union. These are large amounts and large imports. Tegeltija moved it somewhere to the meadow and is sending a message that it did not open a new one but only transferred people. The prosecution, but also the attorney general who must immediately initiate an administrative dispute, because this is Eldorado,” said the Minister of Foreign Affairs of Bosnia and Herzegovina Elmedin Konaković.
Šemsudin Mehmedović, a representative in the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, stated that the process had clear political coordination.
“The coordinator of the entire drama was the Chairwoman of the Council of Ministers Borjana Krišto, and the executor of the works was Deputy Minister of Security Ivica Bošnjak,” said Mehmedović.
Legal interpretations of the decision
According to the Law on Border Control of Bosnia and Herzegovina, Bosniak is authorized to designate a temporary border crossing in cases of holding cultural, religious, scientific, professional and tourist activities – which is not the case here. It is about the need to redirect traffic, which the law provides for, the clarification comes from his ministry.
“Paragraph c) also provides for the need to redirect traffic, which in this specific case was necessary given that traffic through the Gradiška Border Crossing was suspended due to the collapse of part of the bridge on the Sava River,” the Ministry of Security of Bosnia and Herzegovina announced.
Disputed application of the law
Legally possible, with conditions. Obtained consent from the Administration and the Ministry of Finance and Treasury of Bosnia and Herzegovina and the competent authority of the neighboring country, namely Croatia, which is also questionable whether it was obtained. The same law and Article 13 are invisible to Bosniaks, so the transfer of goods subject to inspection controls is taking place in the field, which is prohibited.
Professor of constitutional law Davor Trlin states that in this case, issues of criminal liability may also arise.
“Perhaps we could also talk about the criminal offense of abuse of position and authority, which has a segment of exceeding authority. If this were proven, we could also talk about the criminal offense of customs fraud or smuggling if goods are knowingly hidden, declarations are faked or smuggling is carried out in an organized manner,” warns Trlin.
It is not a new border crossing, but an old one at a new location. This is a play on words from the Administration, which yesterday claimed that it was new-temporary, and today the opposite. Both the stamp and the officials were urgently relocated to new facilities, and the released video surveillance footage shows that the RS had been preparing for this scenario for months.
“The Indirect Taxation Administration of Bosnia and Herzegovina did not open a new temporary border crossing, but rather temporarily moved the existing Gradiška Border Crossing to a new location,” said Jana Kezić, a spokesperson for the Indirect Taxation Administration of Bosnia and Herzegovina.
Financial dispute and political tensions
And this will continue until August, when the mandate of Zijad Krnjić, a member of the Board of Directors of the Indirect Taxation Administration, who stopped the opening of the crossing due to the RS’s refusal to establish new coefficients for the distribution of money and settlements, is due to expire. This dispute has also ended up in the Court of Bosnia and Herzegovina. On July 1, a hearing will be held on the lawsuit filed by the FBiH Government against the RS and the ITA Board of Directors over a two-year debt of 73 million marks.
“It is obvious that this ratio of distribution of coefficients suits Amidžić and his political boss from the RS. For this reason, obstructions have been carried out for years on the adoption of new distribution coefficients, including the distribution of money from the special excise tax, from which the High Representative has taken to settle the so-called Viaduct affair,” Mehmedović pointed out.
The crossing, which was opened temporarily twice and leads to the EU, has become a path of separation. Behind the glitter of new lanes and signage is a political reality in which borders have long been crossed, and the collapsed bridge is an opportunity to activate a backup plan in which the partnership of the HDZ BiH and the SNSD has once again been demonstrated.
