According to the relevant decisions of the Constitutional Court of Bosnia and Herzegovina, only the state of BiH, as the holder of state property, can regulate the issue of state property with appropriate laws adopted by the Parliamentary Assembly of BiH, warns the Office of the High Representative in BiH (OHR).
In response to FENA’s inquiry about the fact that the National Assembly of the Republika Srpska (RSNA) adopted the Draft Law on Immovable Property used for the functioning of public authority, the OHR reminds that state property can only be disposed of by the state of BiH, as expressly regulated by the Prohibition of Disposal of State Property of Bosnia and Herzegovina.
“Any disposition that is contrary to the provisions of that ban will be considered null and void,” they stated.
The Constitutional Court of Bosnia and Herzegovina has repeatedly confirmed that the issue of state property cannot be resolved by unilateral measures, and OHR says that unilateral steps are unacceptable.
“They threaten the rule of law, violate legal certainty and prevent a safe business and investment environment. Acting contrary to the clear decisions of the Constitutional Court, which were made within the framework of its constitutional powers, must be interpreted as a violation of the General Framework Agreement for Peace,” they underlined.
The Peace Implementation Council Steering Board (PIC SB) made it clear in communiqués that it expects the authorities at all levels in BiH to fully implement the decisions of the High Representative and stop further illegal registration of state property and called on the Parliamentary Assembly of BiH to engage and adopt without further delay the law governing this issue.
Until now, there have been several calls to reach a balanced and sustainable solution to this issue at the state level, and High Representative Christian Schmidt called on all responsible decision-makers and mandate holders to work together, respect the rule of law and act constructively for the benefit of all citizens of BiH.
“The High Representative will continue to monitor this issue in accordance with his mandate under the Dayton Peace Agreement,” the OHR announced.
Deputies in the National Assembly of the Republika Srpska (RSNA) adopted yesterday the Draft Law on Immovable Property used for the functioning of public authority under emergency procedure.