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Reading: Schmidt on January 9th: Decisions of the Constitutional Court of BiH are final and binding
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Sarajevo Times > Blog > POLITICS > Schmidt on January 9th: Decisions of the Constitutional Court of BiH are final and binding
POLITICS

Schmidt on January 9th: Decisions of the Constitutional Court of BiH are final and binding

Published: January 9, 2025
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High Representative Christian Schmidt emphasizes that the “non-integrative” marking of January 9th as the Day of Republika Srpska (RS) represents a “clear and direct failure to implement the final and binding decisions of the Constitutional Court of Bosnia and Herzegovina (BiH), as well as the decisions of the High Representative from July 1st, 2023.”

He points out that non-compliance with the decisions of the Constitutional Court may constitute a criminal offense under the Criminal Code of BiH.

The Constitutional Court of BiH highlighted in its decision that “the selection of January 9th as the date for marking the Day of the RS does not symbolize collective, shared memory that contributes to strengthening collective identity as a value of particular importance in a multi-ethnic society based on respect for diversity as fundamental values of a modern democratic society.”

“This makes non-Serbs living in RS feel like second-class citizens,” said the High Representative.

He stressed that it is the obligation of law enforcement agencies, the Prosecutor’s Office of BiH, and the police to take appropriate legally prescribed steps, especially in cases involving public officials or civil servants and their participation in the preparation or organization of marking January 9th.

“The rule of law is a necessary prerequisite for a stable and prosperous future for all citizens of BiH, but so are communication, dialogue, and compromise. These should be the guiding principles in deciding on the Day of RS because only then could it be a holiday that all citizens can accept and celebrate, and which can strengthen the bonds among the citizens of RS rather than further divide them,” added the High Representative.

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