The decision of the Council for the Protection of Vital Interests of the Constitutional Court of the Federation of Bosnia and Herzegovina to accept the request submitted by the Serb Caucus in the Una-Sana Canton Assembly has paved the way for a judicial decision on the cantonal assembly’s decisions adopted on August 10th, including the dismissal of the Una-Sana Canton Government and the confirmation of the new government. Until the proceedings are finalized, these decisions cannot be applied or published in official gazettes.
By the decision of August 20th, the Council deemed the request admissible for deciding on the existence of the vital national interest of the Serb constituent nation. At the same time, it was specified that the decisions adopted at the 9th extraordinary session of the Una-Sana Canton Assembly, as well as other acts issued based on them, will not be applied or published in official gazettes until the final decision of the Council for the Protection of Vital Interests is issued.
The decision followed a request submitted on August 13th by the Deputy Speaker of the Una-Sana Canton Assembly and the sole member of the Serb Caucus, Mladen Lonić, challenging, among other things, the manner in which decisions were adopted to dismiss the former Government of Una-Sana Canton and confirm the new executive authority.
Mustafa Ružnić and Adnan Habibija reacted to the ruling, returning to their positions as Prime Minister and Minister of Interior of Una-Sana Canton following the court’s decision.
Ružnić deemed that the decision of the Constitutional Court is not his personal victory, but, as he said, “the victory of the rule of law and a constitutional order against political abuse.”
“We have been warning since the very beginning that the government cannot and must not be changed by violating the Constitution and ignoring the mechanisms for the protection of vital national interest,” Ružnić stated.
He stated that the Una-Sana Canton “must not be a playground for legal anarchy”, and that the cantonal government continues to work “in full legal capacity,” with a focus on the stability of the budget, institutions, and the security of citizens.
Ružnić called on the representatives of the new parliamentary majority to accept the constitutional framework and return political processes within the scope of the law.
He also added that citizens have no reason for concern, stating that citizens’ rights, stability of the canton, and budgetary payments remain the Government’s priority.
Adnan Habibija, who was dismissed by decisions adopted at the session on August 10th, stated that he did not make any public announcements after his dismissal, as he considered it his obligation as a lawyer and a legalist to wait for the decision of the Constitutional Court of the Federation of Bosnia and Herzegovina.
Habibija assessed that the court’s decision is clear in a segment referring to the actions of the Una-Sana Canton Assembly at the disputed session.
“Therefore, until the final decision of the Constitutional Court of the Federation of Bosnia and Herzegovina, the decisions adopted at the disputed session cannot be implemented in a manner that would bypass established legal procedures,” Habibija stated.
He also added that he respects the political majority and the right of every appointed representative to act in accordance with their political stances.
He added that, regardless of the outcome, he will respect the final decision of the Constitutional Court of the Federation of Bosnia and Herzegovina.
The ruling of the Council for the Protection of Vital Interests of August 20th does not represent a final decision on whether the vital national interest of the Serb constituent nation was violated in this specific case. At this stage, the Council decided that the request is admissible, while its merits will be decided in the final decision.
According to the Council’s ruling, the Court will determine in the course of the proceedings whether the decisions adopted at the session of the Una-Sana Canton Assembly on August 10th pertain to the issue of vital national interest, as well as their legal status. Until then, the decisions from that session cannot be applied or published in official gazettes, in accordance with the ruling of the Council for the Protection of Vital Interests.
