The Constitutional Court of Bosnia and Herzegovina (BiH) issued a temporary measure suspending the entity Laws on Non-Application of Laws and Prohibition of the Operation of Unconstitutional Institutions and other disputed laws recently adopted in Republika Srpska (RS).
It should be recalled that the National Assembly of RS (NARS) adopted on February 27th the Law on Non-Application of Laws and Prohibition of the Operation of Unconstitutional Institutions, the Law on the High Judicial and Prosecutorial Council (HJPC) of RS, as well as amendments to the Law on the Special Register and Public Work of Non-Profit Organizations. According to these laws, which came into force after being published in the entity’s Official Gazette, the work of four state institutions is prohibited in the territory of RS – the Court of BiH, the Prosecutor’s Office of BiH, the HJPC of BiH, and the State Investigation and Protection Agency (SIPA).
Because of this, the member of the Presidency of BiH Denis Becirovic, the Speaker of the House of Representatives of BiH Denis Zvizdic, and the Deputy Speaker of the House of Peoples of BiH Kemal Ademovic already two days ago urgently submitted an appeal to the Constitutional Court of BiH with the aim of reviewing the constitutionality of that law. Yesterday morning, an appeal was also submitted by SDA and DF representatives in the House of Representatives of the Parliamentary Assembly of BiH (PABiH), emphasizing the need for a temporary measure.
The request of Denis Zvizdic, Speaker of the House of Representatives of the PABiH, for the issuance of a temporary measure is adopted.
The Law on the HJPC of RS is temporarily suspended.
Explanation
The applicant, Denis Zvizdic, considers that the contested Law on the HJPC of RS is not in accordance with Articles I/2, III/3.b), and III/5 of the Constitution of BiH. He stated that as Speaker of the House of Representatives of the PABiH, he is authorized to submit a request for the review of constitutionality.
The request of Kemal Ademovic, Deputy Speaker of the House of Peoples of the PABiH, for the issuance of a temporary measure is adopted.
The Law on the Special Register and Public Work of Non-Profit Organizations (“Official Gazette of RS” No. 19/25) is temporarily suspended.
Explanation
The applicant, Kemal Ademovic, considers that the contested Law on the Special Register and Public Work of Non-Profit Organizations is not in accordance with Articles I/2, II/1, II/2, II/3.f), g), h) and i), II/4, II/6, II/7, II/8, and III/3.b) of the Constitution of BiH, as well as Articles 8, 9, 10, 11, and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 1 of Protocol No. 12 to the European Convention, and Articles 17, 18, 19, 22, and 26 of the International Covenant on Civil and Political Rights.
The request of Denis Becirovic, a member of the Presidency of BiH, for the issuance of a temporary measure is adopted. The following are temporarily suspended: the Law on Non-Application of Laws and Prohibition of the Operation of Unconstitutional Institutions of BiH (“Official Gazette of RS” No. 19/25), the Law on Amendments to the Criminal Code of RS (“Official Gazette of RS” No. 19/25), the Decision on Measures and Tasks Arising from Unconstitutional Decisions and Procedures of Unconstitutional Institutions of BiH (“Official Gazette of RS” No. 19/25), and the Conclusions of the caucuses of SNSD, NPS-DNS, DEMOS-SPS, SP, and US deputies regarding the Information on the Destruction of the Constitution of BiH, Measures, and Tasks to Protect the Constitution of BiH adopted at the seventeenth special session of the NARS held on February 26th, 2025.
Explanation
The applicant, Denis Becirovic, based on Article 64 of the Rules of the Constitutional Court, requested that the Constitutional Court issue a temporary measure suspending the Law on Non-Application of Laws, the Law on Amendments to the Criminal Code, the Decision, and the Conclusions until a final decision of the Constitutional Court on the submitted request for the review of constitutionality is made. II. Request Case number U-7/25 5 Decision on the Temporary Measure a) Claims from the Request.
The applicant states that the contested legal acts have no constitutional basis. Namely, the applicant points out that this concerns constitutional and legal matters regulated by the legal acts of BiH, which have undergone a review of constitutionality before the Constitutional Court in cases no. U-26/01 (Court of BiH) and U-11/08 (HJPC of BiH), thus receiving confirmation of constitutionality and legality.
