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Reading: Member of BiH Presidency submitted Request for the review of the Constitutionality of the Law
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Sarajevo Times > Blog > POLITICS > Member of BiH Presidency submitted Request for the review of the Constitutionality of the Law
POLITICS

Member of BiH Presidency submitted Request for the review of the Constitutionality of the Law

Published: February 22, 2023
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The member of the Presidency of Bosnia and Herzegovina, Denis Bećirović, submitted to the Constitutional Court of Bosnia and Herzegovina a request for the review of the constitutionality of the Law on Immovable Property, which is used for the functioning of public authorities in the entity of Republika Srpska, in accordance with the Constitution of Bosnia and Herzegovina and a series of final and binding decisions of the Constitutional Court of Bosnia and Herzegovina that this entity did not implement.

Challenging the constitutionality of the disputed Law, the member of the BiH Presidency, Bećirović, asked the Constitutional Court to issue a Decision on a temporary measure that puts the disputed Law out of legal force until the final decision of the Constitutional Court on the submitted request, which will determine that the disputed Law is not in accordance with the Constitution of Bosnia and Herzegovina, that the entity Republika Srpska does not have the constitutional authority to regulate the legal matter that is the subject of the disputed law, because in accordance with the Constitution of Bosnia and Herzegovina, this is within the competence of the institutions of Bosnia and Herzegovina, as well as that the disputed law is put out of legal force and ceases to be valid on the day of publication in the “Official Gazette of Bosnia and Herzegovina”.

In the explanation of the request to the Constitutional Court, detailed constitutional and legal reasons and facts are listed from which the Constitutional Court of BiH should make a decision establishing the unconstitutionality of the disputed Law, as well as establish that the Republika Srpska entity is not competent to regulate that legal matter, which will protect immovable property of the state of Bosnia and Herzegovina, which belongs to it according to the Constitution of Bosnia and Herzegovina and international law, announced the Presidency of Bosnia and Herzegovina.

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