The law by which the National Assembly of Republika Srpska prescribed that the decisions of the Constitutional Court of BiH will not be published, applied and executed in the territory of that entity represents a gross violation of the Constitution of Bosnia and Herzegovina, the Dayton Peace Agreement and an open attack on the constitutional and legal order of Bosnia and Herzegovina, it is stated in joint statement of SDP BiH, Narod i Pravda and Our Party.
It is quite clear that the adoption of the Law on non-application of the decisions of the Constitutional Court of Bosnia and Herzegovina is unconstitutional, because the Constitution of Bosnia and Herzegovina and all other positive norms clearly stipulate that the lower administrative unit cannot derogate from the decisions of the state and state institutions, according to the statement of the Three.
“We remind the authorities in the entity of Bosnia and Herzegovina, Republika Srpska, and especially the president of that entity, Milorad Dodik, that the existence, composition and decision-making method of the Constitutional Court of Bosnia and Herzegovina is part of the Constitution of Bosnia and Herzegovina, which is again part of the Dayton Peace Agreement. Although he often refers to the ‘letter of Dayton’ in his reductionist interpretation of the Dayton Agreement, it is clear from the treatment of the Constitutional Court of Bosnia and Herzegovina that Milorad Dodik and the authorities in Republika Srpska are violating the basic provisions of the Dayton Peace Agreement. Such an approach shows that in fact no principle is respected except for bare legal and political violence.
The Constitutional Court, with its unique role in the judicial system of Bosnia and Herzegovina, represents one of the most important institutions of the state of Bosnia and Herzegovina, and we clearly say that the attack on the Constitutional Court is actually an attack on the Dayton Peace Agreement and a direct threat to peace in Bosnia and Herzegovina,” it is stated in the statement.
From the SDP BiH, Narod i Pravda and Our Party, they also condemn the racist statements of Milorad Dodik about the judge of the Constitutional Court of BiH who comes from Albania, as well as the attacks on the reisul-l-ulema of the Islamic Community in BiH Husein ef. Kavazovic.
“Hate speech and open racist attacks on judge Ledio Bianku are unacceptable in public space in democratic societies. Today, Milorad Dodik is the only significant political actor in the entire region who will use such insults when it comes to members of the Albanian nation, which actually represents a complete departure and opposition to any initiatives for regional integration. We also point out the inappropriately harsh statement against the reisul-ulema of the Islamic Community in Bosnia and Herzegovina, Husein ef. Kavazović,” the statement added.
The Three calls on the National Assembly of Republika Srpska to fulfill its constitutional obligation and appoint the missing judges to the Constitutional Court of BiH and to return to the framework of constitutional action.
“We clearly recognize that this is not about any kind of bluff, but about the intention to attack the constitutional and legal order of Bosnia and Herzegovina. The Prosecutor’s Office of Bosnia and Herzegovina has every obligation and responsibility to act in such cases. Article 156 of the Criminal Code of Bosnia and Herzegovina prescribes criminal the act of attacking the constitutional order, while Article 239 defines as a criminal offense the refusal to execute the decisions of the Constitutional Court of BiH, and the Prosecutor’s Office of BiH has an unequivocal obligation to react. We also clearly indicate that such decisions directly threaten peace in Bosnia and Herzegovina and the region. Legal violence is not possible to respond with any compromise or compromise, and we will undoubtedly use all legal and political means to stop such destructive campaigns. In the conditions of open blackmail, it is clear that it is impossible to expect the Parliamentary Assembly of BiH to consider any law on the Constitutional Court of BiH. At the same time, we expect the international community, and especially from the high representative in Bosnia and Herzegovina, to stand resolutely and unequivocally in the protection of peace, the Dayton Agreement and the constitutional and legal order of Bosnia and Herzegovina. The adoption of such laws and the announcement that they will treat the Prosecutor’s Office of BiH and SIPA in a similar way represent an acute challenge to peace in BiH and the region,” reads the end of the joint statement of SDP, Narod i Pravda and Our Party.
