What happens after the entity of Bosnia and Herzegovina (BiH)Republika Srpska (RS) decided that the Law on Immovable Property will enter into force, as confirmed to Radio Free Europe (RSE), despite the suspension of the High Representative in BiH?
There was no answer to this question from the Office of the High Representative (OHR), which suspended the law on February 27th until the final decision of the Constitutional Court of BiH.
“The Republic Administration for Geodetic and Property Legal Affairs of the RS continues to perform tasks and work within its jurisdiction, in accordance with the Constitution and the laws of the RS that are in legal force,” it was stated in the response from the Administration.
RS must not register state property
Legal experts assess that the Law on Property of the RS should not be applied after the decision of the High Representative and that the OHR, the Prosecutor’s Office of BiH and the State Attorney’s Office are the institutions that should react if there is an illegal registration of state property in the RS.
Constitutional law expert from Sarajevo, Nedim Ademovic, points out that the decisions of High Representative Christian Schmidt are of an international legal character, final and binding, and that the head of OHR could resort to sanctions against those who violate his decision.
The law in the RS legalizes earlier acts of registration
The application of the Law on Property of the RS will have harmful effects, assesses the expert on state property, Muharem Cero.
He claims that it covers the property on which the transfer and registration of public property was already carried out after December 31st, 1991.
Appeals due to the Law
In the Republic Administration for Geodetic and Property Legal Affairs, they emphasized that the Constitutional Court of BiHdid not pass a temporary measure prohibiting the application of the Law.
In mid-February, Denis Becirovic, a member of the Presidency of BiH, submitted an appeal to the Constitutional Court of BiHto rule on this law.
In addition to Becirovic, the appeal with the request that the Constitutional Court suspend the application of the Law was also submitted by BiH Presidency member Zeljko Komsic on February 28th, Slobodna Evropa reports.