Goran Selak, the Minister of Justice of Republika Srpska (RS), stated that the final and binding judgment against Milorad Dodik does not constitute an obstacle to his candidacy for the Member of the Presidency of Bosnia and Herzegovina (BiH) from the Serb people.
“It clearly follows from the dispositive part of the judgment that the ban applies exclusively to exercising the function of the President of Republika Srpska. There is no ban on running for office or performing other public and political functions in Republika Srpska and Bosnia and Herzegovina,” Selak claims.
He stressed that court decisions must be interpreted exactly as written in the dispositive part of the judgment, which is enforceable.
“Milorad Dodik has the right to be a candidate for the Member of the Presidency of Bosnia and Herzegovina,” Selak believes.
However, the legal reality and the letter of the law in Bosnia and Herzegovina are significantly more rigorous than presented by the political leadership in Banja Luka.
The key detail that changes the entire picture is the fact that Milorad Dodik was convicted of violating Article 203a of the Criminal Code of Bosnia and Herzegovina, specifically for the non-enforcement of decisions of the High Representative.
According to the amendments to the Criminal Code of Bosnia and Herzegovina, the legal consequences of a conviction for the criminal offense under Article 203a automatically include a ban on exercising and a ban on acquiring official duties in any legislative, executive, judicial, or administrative body that is fully or partially funded by public funds.
Considering that the position of the Member of Presidency of Bosnia and Herzegovina is the highest executive office funded by public funds, these automatic legal consequences would completely prevent him from running for office or assuming that function.
According to the applicable amendments to the Criminal Code of Bosnia and Herzegovina, the legal consequences of a conviction for this specific criminal offense take effect automatically, by operation of law.
Considering that the position of the Member of the Presidency of BiH is the highest executive office in the country, fully funded by public funds, these automatic legal consequences, both in theory and practice, completely prevent Dodik from running for office, let alone assuming that function.
What is obvious from the public appearances of officials from Republika Srpska is that Milorad Dodik and his legal-political team are consciously playing the card of challenging and annulling the amendments to the Criminal Code of BiH imposed by the High Representative, Christian Schmidt.
If they were to succeed, through political pressure, in overturning or invalidating these statutory provisions, the legal consequences would disappear, thereby making Dodik’s candidacy for the Presidency of BiH legally possible.
Otherwise, should the current provisions of the Criminal Code remain in force, the Central Election Commission (CEC) of BiH will have a legal obligation to reject his candidacy, Klix.ba writes.
