Although the Party of Democratic Action (SDA), the Party for Bosnia and Herzegovina (SBiH) and the Democratic Front (DF) announced the formation of a new parliamentary majority and the Sarajevo Canton Government, with the explanation that they have the support of 18 out of a total of 35 representatives, the question remains whether they can secure the majority needed to elect the leadership of the Assembly. What does the Constitution of Sarajevo Canton prescribe, what is the position of the representatives of the order of the Croatian people and others who could play a key role in the formation of the new government?
SDA, SBiH and DF have a plan
Ready for power in Sarajevo Canton. Three parties – SDA, SBiH and DF as a new block with 18, potentially 19 hands in the Assembly. They also revealed who they see at the head of the new government.
“I think that the best man for that position would be Faruk Kapidžić,” said Albin Zuhrić, president of the Cantonal Board of DF Sarajevo.
Between the parliamentary majority and the taking over of the executive power is a constitutional and institutional procedure, which could be an obstacle to the political plans of the new coalition. And the order of steps in the formation of the Government is specified in the Constitution of the Canton of Sarajevo. Article 27 says: “The candidate for the position of Prime Minister of the Canton is appointed by the Speaker of the Assembly in consultation with the Deputy Speakers.”
Constitutional procedure as an obstacle
So the first test is the election of the leadership of the KS Assembly and the national representation of all constituent nations and others in its ranks. This raises the question of whether the SDA, SBiH and DF can independently propose and elect the entire leadership according to the constitutional procedure, given that they lack representatives from the Croatian people and others in their own ranks.
Professor of constitutional law Davor Trlin believes that 18 parliamentary votes can be enough to vote on the confirmation of the government, but warns of the importance of the leadership of the Assembly in the implementation process.
“The majority of 18 deputies, in my opinion, is enough to vote and confirm the government in the assembly hall, but it is completely powerless without the leadership of the Assembly, which has the only legal right to put the proposal of the mandate holder on the agenda. If the Constitution of the Sarajevo Canton is bypassed during the formation of the leadership and the appointment of the mandate holder, it could be enough for such a government to be overthrown, probably before the Constitutional Court of the Federation of Bosnia and Herzegovina,” explained Trlin.
A precedent from the Una-Sana Canton
And practice shows that the Constitutional Court of the Federation of Bosnia and Herzegovina does not allow the mathematics of a simple majority in the assembly hall to have legal force if the constitutional conditions of filling the people’s clubs and consensus in the leadership of the Assembly are violated, which also leads to the initiation of appeals and the protection of vital national interests. An example is the decision of the Constitutional Court of the Federation of Bosnia and Herzegovina in the case of the Una-Sana Canton, which challenged the decisions of the Assembly on the dismissal of the Government.
Trlin estimates that this decision could serve as a legal precedent in Sarajevo Canton as well, if an attempt were made to circumvent the constitutional mechanisms.
“The decision acts erga omnes, that is, it is final and binding, and can serve as a legal precedent for the Sarajevo Canton. A coalition that only has a simple majority of votes, for example 18 representatives, cannot bypass the constitutional mechanisms of people’s clubs by overvoting if the leadership of the Assembly or the government does not ensure the constitutional representation of all peoples and respect for procedures. I assume that any such decision would fall before the Constitutional Court due to a violation of the vital national interest,” Trlin said.
Political mathematics against the constitution
Before the parties are constitutional procedures, political negotiations and the question of whether they can secure the support necessary for the election of the Government and with what political capital. And the answers to the question of who will have power and whether we will look at political mathematics versus constitutional procedures – will be shown by the first moves in the Assembly after the allocation of the mandate.
