The conclusions adopted by the National Assembly of Republika Srpska pose a serious threat to the constitutional order of Bosnia and Herzegovina, stated a joint statement by the embassies of the United States of America, the United Kingdom, Germany, France, Italy, the Delegation of the European Union to BiH and the EU Special Representative to BiH.
It added that as such they are “anti-Dayton and directly undermine the authority of the state-level rule of law institutions and BiH’s path towards Euro-Atlantic integration”.
The statement stated that the Dayton Peace Agreement (DPA) and the Constitution of BiH unequivocally confirm the primacy of both the Constitution and the Constitutional Court of BiH. The Dayton Peace Agreement clearly states in Annex 4, Article 3 – “The Entities and any of their units shall fully comply with this Constitution, which supersedes mutually incompatible provisions of the legislation of Bosnia and Herzegovina and the constitutions and laws of the Entities, as well as decisions of the institutions of Bosnia and Herzegovina”.
“All laws and conclusions adopted by lower bodies, including parliamentary bodies of both entities, must be in accordance with the Constitution, in accordance with the jurisprudence of the Constitutional Court of BiH. Furthermore, neither entity has the authority to challenge the primacy of BiH institutions or laws,” the joint statement said.
They added that at a time when the formal opening of EU accession negotiations has never been closer, a return to political blockades would have negative consequences for all citizens of BiH, the majority of whom support EU accession.
Support was reiterated for the sovereignty, independence, territorial integrity and multi-ethnic character of BiH and for the High Representative, who, in accordance with his powers under the Dayton Peace Agreement, is the final interpreter of the civilian aspects of the Dayton Peace Agreement.
The National Assembly of the Republika Srpska adopted conclusions regarding the Draft Law on Border Control of BiH and the Draft Law on the Protection of Personal Data of BiH, as well as information on, as stated, “the collapse of the legal order in BiH, the violation of the Dayton Peace Agreement by the unlawful actions of high representatives in BiH, the anti-Dayton actions of the Constitutional Court of BiH, the Court and the Prosecutor’s Office of BiH”.
Among other things, the adopted conclusions require the representatives of the RS from the Serb people in the institutions of BiH to suspend decision-making in the domain of European integration “until the conditions are established for the European integration process to proceed in accordance with the postulates of democracy and the rule of law”. It is stated that “the judicial institutions at the level of BiH, the Court of BiH, the Prosecutor’s Office of BiH and the High Judicial and Prosecutorial Council are unconstitutional categories, imposed by the High Representative by making unlawful decisions, contrary to the Constitution of BiH, the rule of law and all democratic principles”.
In addition, the representatives of the RS in the institutions of BiH are requested to suspend decision-making at the level of BiH, except in the case of decision-making that transfers jurisdiction from the RS to the level of state institutions or otherwise jeopardizes the position of the RS, until the European Union ensures, as they stated, normal and fair conditions and standards of trials in BiH, AA writes.
