The Constitutional Court of Bosnia and Herzegovina held its 166th plenary session on January 22 and 23 2026, during which it ruled on requests for abstract constitutional review, as well as ona large number of appeals.
Among the most significant decisions was the ruling in Case U-29/25, which concerns a constitutional dispute between Bosnia and Herzegovina and the entity of Republika Srpska, related to the appointment of the President and members of theGovernment of Republika Srpska.
Dispute Over the Appointment of the Republika Srpska Government
The request for a review of constitutionality was submitted by eleven members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, including the First Deputy Speaker of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, as well as additional eleven members of the House of Representatives.
They challenged multiple decisions of the National Assembly of Republika Srpska, including the Decision on the Election of the President of the Government of Republika Srpska, the Decision on the Election of the Members of the Government of Republika Srpska, as well as the Decision on the Premature Entry into Force of the aforementioned acts.
All contested decisions were published in the Official Gazette of Republika Srpska, No. 78/25.
Key Issue: The Legitimacy of Milorad Dodik
The Constitutional Court of Bosnia and Herzegovina determinedthat a constitutional dispute exists in this case, as it raises thequestion of whether Milorad Dodik had the authority, in his capacity as President of Republika Srpska, to propose the President and members of the Government of Republika Srpska.
The Court reminded that Dodik’s mandate as President of Republika Srpska terminated on June 12, 2025, on the day the judgment of the Court of Bosnia and Herzegovina became final and binding. The judgment had a direct legal consequence – the termination of his mandate–which was subsequently confirmed in declaratory form in proceedings before the Central Election Commission of Bosnia and Herzegovina (CEC Bosnia and Herzegovina).
However, on August 23, 2025, Dodik adopted a decision proposing a candidate for the position of President of the Government of Republika Srpska. Based on that proposal, the contested decisions on the appointment of the Government were adopted on September 2, 2025.
Violation of the Rule of Law and Disregard for Decisions of State Institutions
The Constitutional Court concluded that such conduct raises serious concerns regarding the rule of law, which is one of the fundamental principles of the constitutional order of Bosnia and Herzegovina, as stipulated in Article I/2 of the Constitution of Bosnia and Herzegovina.
The Court further emphasized that the dispute also involves non-compliance with the decisions of the institutions of Bosnia and Herzegovina, as regulated by Article III/3(b) of the Constitution. For this reason, the Constitutional Court established that it has exclusive jurisdiction to adjudicate this matter.
Decisions Unconstitutional for a Specific Period
On the merits of the case, the Constitutional Court of Bosnia and Herzegovina concluded that the contested decisions were contrary to the Constitution of Bosnia and Herzegovina for the period from their adoption on September 2, 2025, until their repeal on January 18, 2026.
The Court found that the decisions were adopted on the basis of an act signed by a person who did not possess a valid constitutional mandate, thereby directly undermining the constitutional order and the principle of legality.
The ruling of the Constitutional Court of Bosnia and Herzegovina in this case has a broader constitutional significance, as it reaffirms the obligation to respect the decisions of state institutions and confirms that no level of government, including the entities, can act outside of the framework of the Constitution of Bosnia and Herzegovina.
