The blockade on the political level has been paused. The ultimatums remained, but the adoption of two important European laws was announced – on the courts and on the prevention of money laundering. For them, we would be one step closer to the European Union, and then back to the old problems. The expulsion of foreign judges from the Constitutional Court of Bosnia and Herzegovina remains a point of contention.
Blockades, ultimatums and conditioning. And then: relaxation of relations, de-escalation and a good political atmosphere. At least temporarily, during the meeting and so on. The leaders of the state coalition again put the European path of BiH at the top of the list of priorities. After the House of Peoples adopted five laws with a European prefix, it was the turn of the Law on the Courts of BiH and the Law on Prevention of Money Laundering. The goal, a better image of Bosnia and Herzegovina in international circles.
“To get a chance before the arrival of the EU representative. It seems to me that we will have a faster dynamic around all other laws as well, because we have already determined and defined a date”, said Dragan Čović, president of HDZ BiH.
“We are sending a strong and firm message to the representatives of the EU, we expect them to keep their part of the agreement, even though we are aware that there are divisions among them as well,” said Nermin Nikšić, president of the SDP.
Whether these laws meet EU requirements or are for the sake of political interests – has long been under question. In the center of interest is the Law on Courts of Bosnia and Herzegovina. Due to the issue of the transfer of jurisdiction, it became a point of contention among the coalition partners. And the rulers in the RS are criticized for trying to reduce the criminal jurisdiction and legal power of the Court and the Prosecutor’s Office of BiH.
“To a certain extent, not excessively, it narrows the jurisdiction of the Court of Bosnia and Herzegovina in Bibi BiH in relation to the earlier Article 7 – and that is because territorial restrictions have been set. Everything that is written in the article could remain, and the sentences referring to those restrictions should be removed,” states lawyer Asim Crnalić.
The law on prevention of money laundering is also on the table. Important for BiH’s European path, but also its financial stability. Because, if it is not adopted, BiH will be placed on the gray list from the status of full confidence of the MONEYVAL committee. The law was placed at the top of the priorities, all that remained was the procedure.
BiH Security Minister Nenad Nešić (DNS) recalled that the meeting regarding the law on preventing money laundering was moved to the beginning of next week: “I expect that law to be before the parliamentarians by the end of October.”
“Finalize it by the end of the week and try to adopt it in the procedure by the end of the month,” said SNSD president Milorad Dodik.
One Milorad Dodik, and two opposing views. Did he play along in his political games or is he calculating the calculations perfectly in his favor? Although, at least at the moment, he emphasizes the agreement and adoption of European laws, at the same time he does not give up on the well-known ultimatum. Without the expulsion of foreign judges from the Constitutional Court of Bosnia and Herzegovina, there can be no discussion. He also presented a proposed solution to the partners. HDZ BiH accepted, Troika rejected the offer.
“Two judges would be elected from the RS, 4 would be elected in the Federation, and these three would not be foreigners but BiH. citizens – the Parliamentary Assembly of Bosnia and Herzegovina would elect,” said Dodik.
Crnalić believes that the conditions for such solutions are not ripe: “We will be forced to pass the Law on the Constitutional Court of Bosnia and Herzegovina, which will also regulate the composition of that court”.
Reform of the judicial system or reform of the political power of individuals? The most important state institution in the game – the Constitutional Court of Bosnia and Herzegovina. Attempts to undermine the state by the rulers from the RS are not unknown but a constant. Do they only remain in the shadows or are they still changing for the sake of the European way?
