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Reading: The Constitutional Court of BiH contested two laws of the Republika Srpska
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Sarajevo Times > Blog > POLITICS > The Constitutional Court of BiH contested two laws of the Republika Srpska
POLITICS

The Constitutional Court of BiH contested two laws of the Republika Srpska

Published: September 30, 2023
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The Constitutional Court of Bosnia and Herzegovina has issued a decision establishing that the Law on Technical Regulations of the Republika Srpska is not harmonized with the article of the Constitution of Bosnia and Herzegovina that concerns the legal order and competence of institutions.

Also, several provisions of the Law on Quality Assurance in Higher Education of the Republika Srpska are contested.

This request for the evaluation of the constitutionality of the Law on Technical Regulations of the Republika Srpska was submitted by Šefik Džaferović while he was a member of the Presidency of Bosnia and Herzegovina. The key elements of this request are the inconsistency of the disputed laws with the provisions of the BiH Constitution, which concern the establishment of a single market on the territory of the entire BiH, human rights and fundamental freedoms, international standards and the principle of non-discrimination.

At its session held yesterday, the Constitutional Court concluded that the provision of the Law on Quality Assurance in Higher Education of the Republic of Srpska, which states that the Agency for Higher Education of the Republic of Srpska represents the Republic of Srpska at international conferences, meetings, international organizations and associations, is not in accordance with the BiH Constitution. within its jurisdiction, and that the Agency cooperates with international bodies, bodies and institutions that are responsible for higher education and quality assurance.

In addition, the same request submitted in 2021 by seven delegates of the Council of Peoples of the RS resulted in the Constitutional Court’s assessment that certain parts of Article Eight of the Law on Quality Assurance in Higher Education of the Republic of Srpska, which refer to the competence of the Agency, are not in accordance with the Constitution of Bosnia and Herzegovina.

Only the parts that concern the collection and processing of data on the system of higher education and other systems related to higher education, and support for the scientific and research work of all interested parties in the field of quality assurance, as well as the competence of the Agency to perform other tasks in accordance with this are exempted. the law, regulations in the field of higher education and the Statute, Klix.ba reports.

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