The Constitutional Court of the Republika Srpska assessed that the Constitution of the Republika Srpska does not in any of its provisions provide for the possibility of a high representative intervening in the legislative procedure in the Republika Srpska, which, in addition to the adoption of the law, also includes the passing of decrees promulgating the law.
This was announced by the Constitutional Court of the Republika Srpska, which held its 305th session today.
At today’s session, the Constitutional Court decided not to accept the initiative for evaluating the constitutionality of the Law on Amendments to the Law on the Publication of Laws and Other Regulations of the Republika Srpska and the Law on Non-Enforcement of Decisions of the Constitutional Court of Bosnia and Herzegovina.
“The Constitutional Court, namely, found that the National Assembly of the Republika Srpska by adopting and submitting the aforementioned laws for promulgation and their publication in the ‘Official Gazette of the Republic of Srpska’, and that the President of the Republika Srpska by passing the decree, did not violate the law-making procedure established by the Constitution of the Republika Srpska, because of which the Court judged that the contested laws, in terms of the procedure for their adoption, are in accordance with the Constitution of Srpska,” the Constitutional Court states.
As the announcement adds, in relation to the fact that the High Representative for BiH (Christian Schmidt, whom Srpska does not recognize as a High Representative), made a Decision preventing the entry into force of the contested laws, the Constitutional Court stated that the High Representative for BiH did not the institution of the constitutional legal order of the Republika Srpska, and that it is not possible to evaluate the constitutionality of the legislative procedure from the aspect of those acts, i.e. in relation to them.
At today’s session, the Constitutional Court also made decisions by which it did not accept the initiatives to start the procedure for evaluating the constitutionality of the Law on Mandatory Health Insurance, the Law on Health Care, the Law on the Protection of the Population from Infectious Diseases, the Law on Survey and Cadastre of the Republika Srpska, the Law on amendments to the Law on the publication of laws and other regulations of the Republika Srpska and the Law on non-application of decisions of the Constitutional Court of Bosnia and Herzegovina, i.e. for evaluating the constitutionality and legality of contested individual sub-legal normative acts.
