International judges will not leave the Constitutional Court of Bosnia and Herzegovina (BiH), stated Helen Keller, the vice-president of the court, speaking at a press conference in Sarajevo on March 22nd.
“The attacks on the judiciary come from circles that want to destabilize the country. The Republika Srpska (RS) entity asked us to withdraw, and if we did so, the Constitutional Court could not function. We will fulfill our mandate, and we are loyal to the Constitutional Court of BiH,” Keller emphasized.
In the past few years, the Constitutional Court of BiH has been under attack from the ruling coalition in RS, led by the president of that entity, Milorad Dodik, who does not implement the decisions of this highest judicial body.
Additionally, the Constitutional Court of BiH is facing a shortage of judges from RS, which raises questions about holding plenary sessions.
How does the Constitutional Court of BiH make decisions?
Out of nine judges of the Constitutional Court, the House of Representatives of the Federation of BiH (FBiH) elects four judges, usually two Bosniaks and two Croats. The National Assembly of the RS (NARS) elects two judges, who are usually Serbs.
The remaining three are elected by the President of the European Court of Human Rights (ECHR) and they are foreigners. It is stipulated that they cannot be citizens of BiH or neighboring countries.
All judges, including the three foreign judges, attend plenary sessions of the Constitutional Court of BiH. Plenary sessions mainly decide on the constitutionality of laws, which can only be requested by a narrow circle of proposers.
The Constitutional Court of BiH also decides on the “vital national interest,” a mechanism provided for by the Constitution of BiH, where a Caucus of one of the three constituent peoples in the House of Peoples of the Parliament of BiH – Bosniaks, Croats, or Serbs – can request an assessment of whether a proposed law violates the rights of that people, thereby potentially slowing down or challenging its adoption.
Decisions of the Constitutional Court of BiH are made by a majority of at least five votes in plenary sessions. Since November of last year, there has been no quorum of at least five judges.
The Constitutional Court of BiH is not part of the legislative, executive, or regular judicial branches. It is positioned as an independent and autonomous authority that acts as a corrective factor for the other three branches of power, Slobodna Evropa reports.
E. Dz.
