In the context of challenging the Law on Immovable Property Used for the Functioning of Public Authorities, Karan says that this law regulates ownership of immovable property that serves as a means of exercising and enforcing public authority, and which is used by entities exercising that authority since the signing of the Dayton Peace Agreement and the immovable property that is considered the property of public authorities entity by force of law is the property of those entities, Klix.ba writes.
“Therefore, BiH has the property to use and dispose of on the territory of the RS only to the extent that the RS cedes it,” said Karan, a professor of constitutional law and one of the creators of the referendum on the unconstitutional RS Day.
He mentioned that the Constitutional Court has no jurisdiction over this issue.
“In the context of ‘threats’ with the BiH Constitutional Court, the issue of property or state property is not a constitutional issue, nor is it the jurisdiction of the Constitutional Court. The Constitutional Court has only jurisdiction to decide on constitutional disputes,” he added.
As for High Representative Christian Schmidt, who has the option of declaring the law null and void, Karan noted he is actually just a “citizen Schmidt.”
“In the end, we believe that this is again an attempt to reshape the multiethnic, federal form of government in the direction of unitarization through the process of majoritarianism. Citizen Schmidt imposes himself by force, like all previous high representatives, whose only difference was which of them managed to impose his unconstitutional and anti-Dayton decisions. The unconstitutional transformation of BiH’s constitutional structure has been going on for 27 years, and the transfer of competencies is leading to their goal – a unitary BiH. It is an experiment that will fail because they work against the Constitution, the Dayton Agreement, as well as their people, “the Secretary–General of the RS Government said among other things.
To recall, after the RS President, Zeljka Cvijanovic, published the Decree on the promulgation of the Law on Immovable Property Used for the Functioning of Public Authorities, pro-Bosnian politicians called on the High Representative to urgently declare the law null and void. BiH Presidency Member Zeljko Komsic called on Schmidt to step down if he does nothing concrete on the issue.
When it comes to the invitation of the SDP BiH, the People and Justice (Narod i pravda) and Our Party (Nasa stranka), which form the government in Canton Sarajevo, to High Representative Christian Schmidt to dismiss the President of RS,Cvijanovic replied that “those times when foreigners could fire officials have passed“.
E.Dz.
