The Constitutional Court of Bosnia and Herzegovina strongly condemned the current unconstitutional actions of the Republika Srpska National Assembly (RS NA) and stated that such actions present very serious pressure on the autonomy and independence of that court.
This is the main message stated in the press release of the Constitutional Court of Bosnia and Herzegovina published on the official website today, after the National Assembly of Republika Srpska adopted on Wednesday conclusions which, among other things, challenge the work of that court and call for complete disregard for its final and binding decisions and call for a blockade of work and the resignation of the judge/vice president of that court, Zlatko M. Knežević.
“We remind you that the Constitutional Court of Bosnia and Herzegovina is established by Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution and as an institutional guarantor for the protection of human rights and fundamental freedoms established by the Constitution of Bosnia and Herzegovina and the instruments of Annex I to the Constitution.
Only the Constitutional Court of Bosnia and Herzegovina can issue regulations and general acts concerning its work and its role established by the Constitution of Bosnia and Herzegovina. It follows from all this that the Constitutional Court of Bosnia and Herzegovina enjoys complete autonomy and independence from any branch of government in the constitutional legal system of Bosnia and Herzegovina, which was given to it exclusively by the Constitution of Bosnia and Herzegovina. Following the above, we point out that the RS NA does not have any basis for such action in the Constitution of Bosnia and Herzegovina. Therefore, there is no basis in any provision of the Constitution of Bosnia and Herzegovina, neither of the entities, nor of any law in Bosnia and Herzegovina, which allows the legislative bodies of the entities to interfere in the work and jurisdiction of the Constitutional Court of BiH, including the impeachment of judges of the Constitutional Court,” it was said in the statement.
Regarding calls for resignation for judge Zlatko M. Knežević by the National Assembly of Republika Srpska, the Constitutional Court reminds that each of its members, before taking office, makes a solemn declaration that they undertake to comply with the Constitution and laws of Bosnia and Herzegovina in performing their duties as judges of the Constitutional Court of BiH and that he will perform his duties as a judge conscientiously and impartially, and exclusively in his personal capacity.
“This is undeniably a kind of political influence and pressure on a member of the Constitutional Court, which is completely unacceptable and in contradiction with the Constitution of Bosnia and Herzegovina and its principles. The aforementioned action in every sense affects legal security and undermines the rule of law, which is the basic foundation of every democratic society, which Bosnia and Herzegovina also strives for on its way to the European Union.
Finally, we would like to inform the public that Vice President Knežević is currently on an excused absence/sickness. For the aforementioned reasons, the Constitutional Court of Bosnia and Herzegovina is unable to schedule and hold the planned plenary session at the end of May. The Constitutional Court of Bosnia and Herzegovina continues to work in accordance with the Rules of the Constitutional Court of Bosnia and Herzegovina,” they said in the press release, signed by Valerija Galić, the President of that court.
