In relation to the upcoming debate in the National Assembly of the Republika Srpska on Wednesday 15 April on a draft resolution that refers to the Constitutional Court of Bosnia and Herzegovina, the EU Delegation/EU Special Representative Office stated:
“Rule of Law is a core principle on which any democratic country should be built. The Constitution of Bosnia and Herzegovina has explicitly enshrined this principle, entrusting the Constitutional Court of Bosnia and Herzegovina to uphold it, alongside other norms. The Constitutional Court plays a central role in entrenching the rule of law throughout BiH, in accordance with its responsibilities and composition as clearly set out in the Constitution of Bosnia and Herzegovina.
The EU maintains that the final and binding authority of Constitutional Court decisions shall be always fully observed. Legal certainty, another fundamental aspect of the rule of law, requires the executive and legislative powers to uphold it by implementing decisions of courts, including the Constitutional Court. Without that, trust in the constitutional system and the rule of law cannot be upheld overall.
“Any change of the current regime governing the Constitutional Court, including its composition, would require observance of the constitutionally prescribed procedures, as stipulated in the relevant articles of the Constitution. The political establishment shall refrain from interferences and any action undermining the credibility, constitutional position and stability of the Court, as an institution that guarantees full adherence to the rule of law, and legal certainty in line with the Copenhagen Criteria for EU accession.”
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