Legal expert Damir Arnaut, a former representative in the state parliament and today the ambassador of Bosnia and Herzegovina (BiH) in Germany, believes that the submission of the bill on state property is the first concrete step taken in the direction of implementing the decision of the Constitutional Court of BiH.
As he points out in a post on social networks, any refusal to resolve this issue in the institutions of BiH is an act of non-implementation of the decision of the Constitutional Court of BiH, and anyone who insists that state property “belongs to the entities” or that it is an “entity’s jurisdiction” without a doubt “on the other way does not respect the final and binding decision of the Constitutional Court of BiH“.
“Namely, the aforementioned decision of the Constitutional Court of BiH explicitly holds that the regulation of legal matters relating to state property is in accordance with Article I/1, Article III/3.b) and Article IV/4.e) of the Constitution of BiH, jurisdiction of BiH‘, that the Constitution of BiH gives ‘authorities to the State of BiH, i.e. the Parliamentary Assembly to regulate the issue of state property,’ that ‘this is the exclusive jurisdiction of BiH,’ and that ‘therefore, there is a true necessity, and a positive obligation, for BiH to resolve this issue as soon as possible. All this was additionally confirmed by the subsequent decisions of the Constitutional Court on the subject of state property and public goods,” states Arnaut.
Court decisions are rare, he says, which are to this extent explicit and explained in detail and which were made simultaneously in so many cases. The refusal to implement them and their simultaneous non-compliance by repeating the claims that were presented before the Constitutional Court, and rejected by the same court, is dealt with by the criminal law of BiH.
“This is especially the case when it comes in the form of an attack on the initiative of two members of the Presidency of BiH, which in both form and content fulfills the explicit order of the Constitutional Court of BiH. The Constitution of BiH is clear on this issue as well – proposing laws does not fall under the category of jurisdiction of the Presidency of BiH, for which it is necessary consensus. As with the proposal of the Law on the Budget, the appointment of the Chairman of the BiH Council of Ministers and similar responsibilities, two members of the Presidency of BiH can send the proposal of this law to the Parliamentary Assembly of BiH without the consent of the third,” explains Arnaut.
The attitude of actors in the state parliament towards this proposal will, however, clearly show which of the deputies and delegates are engaged in finding a solution to this issue, and who refuses to implement the decision of the Constitutional Court of BiH.
“From the parliamentary and public debate, it will be visible who does not respect that decision in any other way. The first test will be at the Constitutional and Legal Commission of both houses,” concludes Arnaut, Klix.ba reports.
E.Dz.
