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Reading: Komsic is asking the Court to declare the Provisions on the vital National Interest unconstitutional
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Sarajevo Times > Blog > POLITICS > Komsic is asking the Court to declare the Provisions on the vital National Interest unconstitutional
POLITICS

Komsic is asking the Court to declare the Provisions on the vital National Interest unconstitutional

Published: May 30, 2022
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BiH Presidency Member Zeljko Komsic has submitted a request to the Constitutional Court of Bosnia and Herzegovina to review the constitutionality of a number of provisions of the Constitution of the Federation of BiH and the Constitution of Republika Srpska, confirmed his Cabinet, FENA news agency reports.

“The request asks the BiH Constitutional Court to declare unconstitutional provisions that exclusively give constituent peoples the opportunity to declare everything they want within the House of Peoples of FBiH and the Council of Peoples of RS, and thus block all legislative procedures,” he points out.

Komsic’s cabinet says that not only constituent peoples can be adequately represented in executive and judicial authorities, influence constitutional amendments, and thus constitutional reforms, decide when it comes to the organization of public authorities, and that only they decide on the public information system, as well as the fact that not only the constituent peoples can have the opportunity to declare every issue a vital national interest.

They also believe that this is a discriminatory way in which members of minorities and citizens of Bosnia and Herzegovina have no rights in that process.

According to the current solutions, one’s ethnicity is more important than one’s abilities, education, knowledge and skills. Is it possible that in the state of BiH, someone who declares himself as a Bosnian and /or Herzegovinian is considered a minority in his country, and citizens and members of the Others, because every person in this country must have equal rights, which is the foundation of every democracy. Everything else is segregation and discrimination, which ultimately results in autocracy as a method of exercising power, “said Komsic’s cabinet.

The request seeks to establish that the provisions by which every decision or law must be adopted in both houses of parliament, the House of Representatives and the House of Peoples in the same text, are incompatible with the principle of democracy, the obligation to apply international law, non-discrimination and human rights in general, which are an integral part of the BiH Constitution.

They warn that such a system is unsustainable, and that it leads to further divisions in society, and makes BiH a state in which there is no complete democracy because all non-constituent peoples are in a subordinate position.

“Deputies to the House of Representatives are elected by citizens in free elections, while delegates to the House of Peoples or the Council of Peoples are appointed by political parties within a political agreement and these upper houses strike at fundamental democracy because they do not represent the legitimate will of voters, it is stated by the cabinet of BiH Presidency member Zeljko Komsic.

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