After an appeal was filed regarding the unconstitutional laws that entered into force in the RS entity this morning, it is now up to the Constitutional Court of BiH to take action.
According to the Rules of the Constitutional Court, such cases have absolute priority. Therefore, it is assumed that work on these requests has already begun, and decisions will be made immediately after the necessary prerequisites prescribed by the Rules of the Constitutional Court are created. They should be presented to the public very soon.
Incidentally, the decisions of the Constitutional Court of BiH are final and binding in themselves. We remind you that at the session held on 23 January 2025, the Constitutional Court decided on the appeal of the Alliance of Independent Social Democrats – SNSD, number AP-3179/24, which was filed on 26 July 2024. It decided with priority because it concerns electoral rights that, according to the Rules of the Constitutional Court, are resolved urgently.
The fact that the Constitutional Court of BiH is not staffed with judges who, 30 years ago, were required by the Constitution of BiH to be appointed by the National Assembly of the RS is a consequence of the National Assembly of the RS’s failure to respect the Constitution of BiH.
Thus, by not electing the judges it is required to elect, the National Assembly of the RS does not render the decisions of the Constitutional Court unenforceable. However, it does deny the right of BiH citizens, including thousands of citizens from the RS, to have their appeals decided upon at all. This is because, while the Constitutional Court was staffed, domestic judges, given that they had five votes and the required quorum, decided on citizens’ appeals themselves. The fact that today all citizens, including those from the entity of Republika Srpska, have been waiting for decisions on their appeals for four years is the sole responsibility of the National Assembly of the RS.
Therefore, the decision of the Constitutional Court of BiH will certainly be made, it will be final and binding, and its implementation according to the General Framework Agreement for Peace in BiH and the Constitution of BiH is the responsibility of other institutions, i.e. the implementation of Constitutional Court decisions is within their jurisdiction. Whether it is the High Representative for BiH, or the criminal prosecution of persons who do not implement the decisions of the Constitutional Court of BiH – the Constitutional Court of BiH announced.
