The rule of law is one of the supporting pillars of every democratic society. In its essence, it contains an obligation towards everyone to respect and implement positive legal regulations, and especially the Constitution as an act of the highest legal force, it was announced from the cabinet of the Vice President of the Federation of Bosnia and Herzegovina, Refik Lendo, on the occasion of the election of Marin Vukoja as a judge of the Constitutional Court of Bosnia and Herzegovina.
According to him, from the above, a special obligation is derived for office holders in the executive and legislative authorities to strengthen citizens’ trust in the rule of law and government institutions through their own legal actions.
Another supporting pillar of a democratic society is sharp political debates, which we are obliged to hold within the culture of dialogue with special regard to the platform we have and the consequences that threaten.
“The election of Marin Vukoja to the Constitutional Court of Bosnia and Herzegovina contains such a level and intensity against legality that a constitutional dispute arose between the state of Bosnia and Herzegovina and the House of Representatives of the Federation Parliament as a consequence. For the reason that, contrary to the provisions of Article VI/1 a) of the Constitution of BiH, a parliamentary committee took over the powers of the House of Representatives, elected a judge instead of the House of Representatives, and then sent such an unconstitutional decision to the House of Representatives to confirm it,” says Lendo.
He claims that deputies, as directly elected representatives of citizens, are denied the constitutional right to choose from a list of several candidates. Instead, they were only provided with one name for confirmation.
On the other hand, the competitive procedure for the selection of judges to the Constitutional Court of the Federation is carried out by the HJPC of BiH, which compiles the list. The election is made by the President of the Federation with the consent of the Vice President of the Federation. The House of Peoples confirms the election.
“On the one hand, parliamentarians cannot influence the election of judges to the Constitutional Court of the Federation. On the other hand, parliamentarians control the entire process of electing judges to the Constitutional Court of Bosnia and Herzegovina,” it is stated in the statement.
