After the Law on Property of the Republika Srpska (RS) was published in the Official Gazette of that entity, and after it enters into force, it is necessary to adopt a temporary measure preventing the appropriation of state property.
Namely, after various theories appeared about who and when will submit a request for constitutional review of the Law on Immovable Property of the RS, one thing seems clear. The Office of the High Representative (OHR) will not react this time.
Since the Constitutional Court has already decided on the controversial law, and the practice is not to adopt a measure of the temporary ban, it was expected that the High Representative in Bosnia and Herzegovina (BiH), Christian Schmidt, as he did in April last year by invalidating the Decree of the then President of the RS Zeljka Cvijanovic on the promulgation of the Law on Immovable Property, will do it again until the Constitutional Court makes a decision on it.
In a decision from last year, the High Representative already pointed out that the ban on disposing of state property will remain in force until the BiH Parliamentary Assembly passes a law regulating the rights of ownership and management of the property.
It seems that in the case of a new law concerning property, the High Representative will choose not to intervene, but to leave such a decision to the Constitutional Court, which can be seen from the statement of the OHR regarding the information that the member of the BiH Presidency, Denis Becirovic, has already submitted a request to the Constitutional Court.
“The contested law will have an effect as soon as it enters into force. The court should demonstrate urgency in this matter and thus prevent irreversible damage to state interests. Preserving the rule of law is key to ensuring legality, functionality, and a favorable investment environment,” it was pointed out.
From the announcement, it can be seen that it is up to the Constitutional Court of BiH to decide on the adoption of a temporary prohibition measure, which puts the controversial law out of legal force until the final decision is made, although it is not clear why the High Representative would not react because state property is indeed very seriously threatened, Klix.ba reports.
E.Dz.
