The initiative from Republika Srpska (RS) will not lead to a blockade of the Constitutional Court of Bosnia and Herzegovina (BiH), but it could further complicate the decision-making process.
This was confirmed by constitutional law expert Nedim Ademovic, referring to the announcement of the ruling coalition from RS that they will request the withdrawal of the currentlythe only judge from that BiH entity who is in the Constitutional Court of BiH. It is Zlatko Knezevic, who was not available for an interview on this topic for Radio Free Europe.
The decision to send Knezevic a request to withdraw was made on April 24th by the leaders of the parliamentary parties in the RS, who signed a plan on the activities of representatives of that entity in the institutions of BiH. On April 26th, the Assembly of the RS was supposed to make a statement on this in a special session.
The Constitutional Court of BiH is competent to decide on disputes between two entities, BiH and the entities, and disputes between the institutions of BiH, as well as on matters of protection of the vital national interest of the constituent peoples.
Disputes can be initiated by members of the Presidency of BiH, the chairman of the Council of Ministers of BiH, members of the leadership of the Parliamentary Assembly of BiH, as well as a certain number of representatives in state and entity parliaments.
“The court is functional even without a judge from RS”
One missing judge of the Constitutional Court of BiH should be elected by the House of Representatives of the Parliament of the Federation and the National Assembly of the RS (NARS). However, months after the retirement of the two judges, this was not done.
The Act of Rules of the Constitutional Court of BiH, which contains provisions on the work of that institution, determines that at least one judge from the RS and at least three from another BiH entity should attend the plenary sessions.
However, Ademovic claims that, even in the case of their absence, work can be continued, if it is determined that they are absent unjustifiably.
