The Committee of the National Assembly of the Republika Srpska for Constitutional Issues considers that the request of Bosniak deputies in the Parliamentary Assembly of BiH for an assessment of the constitutionality of the election of the new Government of the Republika Srpska is essentially inadmissible, because, as stated, this is not a dispute between BiH and the RS and that the Constitutional Court of BiH does not have the jurisdiction to decide on this.
“This request is also unfounded, because the National Assembly of the RS is an organ of the RS that exercises constitutional and legislative power and is the representative body of all citizens in the RS and has the obligation, within the framework of its constitutional powers, to use all legal instruments necessary for the functioning of entity bodies, as stated in the position of the Constitutional Court of the Republika Srpska,” the response to the Constitutional Court of BiH stated.
The National Assembly of the RS expects the request to be rejected, as in the decision of the Constitutional Court of BiH of January 22, when the request for a review of constitutionality was rejected as inadmissible due to the lack of jurisdiction of the Constitutional Court of BiH to decide, with a special explanation that a constitutional dispute between BiH and one of the entities exists if it concerns an issue from the Constitution of BiH for the resolution of which only the Constitutional Court of BiH is competent, and that the dispute cannot arise from regular positive legal regulations but must concern a specific issue regulated by the Constitution of BiH itself, which here, as stated by the NARS, is not the case.
The National Assembly of the RS believes that this case concerns an “act of government”, that is, a political act of election and appointment that draws its legal basis from the Constitution of the Republika Srpska, so that the Constitutional Court of BiH is not competent to review the constitutionality of these decisions, Srna writes.
