The Constitutional Court of Bosnia and Herzegovina established that Article 203a of the Criminal Code of Bosnia and Herzegovina, which prescribes non-execution of the decisions of the High Representative as a criminal offense, is in accordance with the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights.
The decision was made at the 172nd plenary session of the Constitutional Court of Bosnia and Herzegovina, held on July 2 and 3, where the judges considered requests for constitutional review, appeals, proposals for the adoption of temporary measures and issues of enforcement of earlier decisions.
The request for the review of the constitutionality of Article 203a of the Criminal Code of Bosnia and Herzegovina and Article 4 of the Law on Amendments to the Criminal Code of Bosnia and Herzegovina was submitted by 32 members of the National Assembly of the Republic of Srpska.
It is a provision imposed by the High Representative Christian Schmidt on July 1, 2023, which prescribes as a criminal offense the non-application, non-implementation or non-compliance of the High Representative’s decisions, as well as their prevention or obstruction.
The Constitutional Court concluded that the challenged provisions are in accordance with Article I/2 of the Constitution of Bosnia and Herzegovina and Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
As stated in the explanation, the contested provisions are sufficiently available, specific and predictable, while the prescribed criminal protection is aimed at preserving the rule of law and the functioning of the legal order of Bosnia and Herzegovina.
At the same session, the Constitutional Court also decided on the request of the Basic Court in Banja Luka, which related to the provisions of the Law on Salaries of Employees in Primary and Secondary Schools and Dormitories of the Republika Srpska.
The court found that the different salary coefficients for teachers with a higher education are not discriminatory and that they are in accordance with the Constitution of Bosnia and Herzegovina, the European Convention and the International Covenant on Economic, Social and Cultural Rights. According to the assessment of the Constitutional Court, there is a reasonable relationship of proportionality between the various coefficients and the legitimate goal that the law seeks to achieve.
The Constitutional Court of BiH announced that all decisions made at the plenary session will be delivered to applicants and appellants within one month, after which they will be published on the Court’s official website, the Constitutional Court of BiH announced.
