DMIČIĆ: RETURN TO RESTORING CONSTITUTIONAL ORDER

BANJA LUKA, FEBRUARY 15 /SRNA/ – The conclusion of the Constitutional-Legal Commission of the House of Representatives of the BiH Parliamentary Assembly that the High Representative has no constitutional authority to enact laws represents a major step toward restoring fundamental constitutional principles, constitutional law professor Mile Dmičić told SRNA.

He noted that this conclusion will carry significant weight in everything that constitutes the constitutional framework and competencies of the BiH Parliamentary Assembly, namely its authority to pass laws.

"That part of the Constitutional-Legal Commission’s message could be interpreted as a positive sign that constitutionality and legality should become firm pillars of this state and society in terms of returning to the original Dayton solutions," Dmičić said.

He pointed out that it is often heard in public discourse that "all illegally constructed structures in the life of BiH should begin to be dismantled," particularly in the areas of the Constitution and laws, which would also apply to other spheres of work and life.

Dmičić reminded that under Annex 10 of the Dayton Peace Agreement, the High Representative is the interpreter of the civilian aspects of the agreement, which defines the primary scope of that office’s mandate, and not to assume the competencies of BiH institutions, especially not to act as the ultimate authority in the country.

"By enacting laws, he directly altered the constitutional order of this country," Dmičić said, stressing that constitutional, legislative, executive, and judicial powers can be exercised only by institutions within BiH.

He pointed out that, based on the Commission’s conclusion, no international organization, including the High Representative, may influence the sovereignty and independence of the country by amending the constitutions of BiH or its entities, passing laws, or establishing institutions and new competencies.

Dmičić believes the Commission’s message may also signal the possible end of the role of the Office of the High Representative /OHR/ in BiH.

"The imposition of laws or any other acts will become a matter of interest for the signatories and guarantors of the Dayton Agreement. There may even be a new constitutional-legal situation in BiH in terms of the division of competencies and the relationship between BiH and the entities, but it would also mark a qualitative step toward defining and clarifying entity competencies in line with the original Dayton framework," Dmičić said.

He stressed the need to move from rhetoric to serious work and ensure dialogue, consensus, and compromise that would open a new post-Dayton chapter in the constitutional life of BiH.