Bosnia and Herzegovina is going through one of the biggest political and security crises in the last 30 years. The current situation is the result of a series of decisions by the authorities of Republika Srpska, which followed the verdict of the entity’s president, Milorad Dodik. While lawyers argue about who is right, real life is marked by confusion. In Republika Srpska, laws are being passed and repealed at a rapid pace, which further deepens legal uncertainty. Even those who pass them are not sure which laws to apply and how.
Judges and prosecutors in Republika Srpska are currently in an unenviable position, due to the planned formation of an entity-level High Judicial and Prosecutorial Council. If this idea is implemented, judges and prosecutors could find themselves in a situation where their positions are threatened if they do not choose a side, given that this council would have the power to appoint and dismiss. The High Judicial and Prosecutorial Council of BiH believes that such a scenario is impossible.
Sanin Bogunić, President of the High Judicial and Prosecutorial Council of BiH, pointed out that there were previous initiatives for similar changes, but they were stopped at various stages. The Constitutional Court of BiH issued a temporary measure relating to the disputed laws, and, according to him, these decisions remain invalid for the country’s legal system.
The legal problem further complicates the existence of legal dualism. Attorney Jovana Kisin Zagajac warns that judges and prosecutors are in an almost hopeless situation. If they implement the decision of the Constitutional Court of BiH, they can be prosecuted under entity law. On the other hand, if they do not implement the decision, they can be charged under the Criminal Code of BiH. This legal absurdity creates uncertainty in the judicial system and makes the work of the courts more difficult.
The consequences of the current crisis are felt by both citizens and professions directly related to the legal system, such as bankers, notaries and lawyers. Notaries are under particular pressure, since they work with thousands of clients every day, and their decisions must comply with applicable regulations. The President of the Notary Chamber of Republika Srpska, Borislav Radić, emphasizes that, despite the crisis, there are no legal consequences for the work of notaries and that clients can be sure of the legality of their transactions.
Another key institution that could be affected by the crisis is the Indirect Taxation Administration (ITA BiH), which plays a key financial role in the country. Economic analyst Zoran Pavlović believes that this institution is so important for the stability of the system that no one will risk its collapse.
The opposition in Republika Srpska criticizes the ruling majority, pointing out that they previously warned about the unsustainability of the disputed laws, which have now led to legal uncertainty and confusion. Igor Crnadak from the PDP emphasized that citizens are increasingly waking up uneasy, and that the consequences of such decisions bring more harm than good to Republika Srpska.
However, information is coming from the banking sector that the situation is stable for now, with no signs of panic among citizens when it comes to deposits. However, given the political uncertainty, future developments remain unpredictable, Federalna writes.
