INCOMPLETE CONSTITUTIONAL COURT HAS TRANSFORMED FROM CONSTITUTION’S GUARDIAN INTO ITS DESTROYER

ISTOČNO SARAJEVO, APRIL 6 /SRNA/ – With its latest decisions, the incomplete Constitutional Court of BiH has once again confirmed the already many times established fact that it has transformed from a guardian of the BiH Constitution into its destroyer, thereby of BiH in form specified by the Dayton Peace Agreement, Milan Tegeltija, former president of the High Judicial and Prosecutorial Council of BiH, told SRNA.

"It would be absurd to go into the individual details of the latest decisions made by the incomplete Constitutional Court of BiH, which declared certain provisions of the Law on Police and Internal Affairs of Republika Srpska unconstitutional, even though they regulate a matter for which Republika Srpska, according to the Dayton, has exclusive and unequivocal cmpetence," Tegeltija said.

He emphasized that every claim by the incomplete Constitutional Court of BiH regarding this law is contrary to the BiH Constitution and based on the court’s wishes about what could be written in the Constitution, but which in reality is not written there at all.

"Moreover, the BiH Constitution states the exact opposite of what the incomplete Constitutional Court of BiH claims in its distorted decisions. This proves that the incomplete Constitutional Court of BiH is turning itself into a reformer of the BiH Constitution, which is not its constitutional role, instead of being its guardian, which is its constitutional role," Tegeltija stressed.

He pointed out that the decisions of the incomplete Constitutional Court of BiH are not merely a legal matter or debate, but represent a political attack on the constitutional system established by the Dayton Peace Agreement, which the court should protect.

"The partial Constitutional Court of BiH is turning into a factor of political destabilization in BiH, which is diametrically opposed to the stabilizing role for which it was established by the Dayton Peace Agreement and the Constitution of BiH. Ultimately, this leads to the dismantling of the constitutional system in BiH, therefore of BiH itself," Tegeltija concluded.

The incomplete Constitutional Court of BiH recently declared several provisions of the Law on Police and Internal Affairs of Republika Srpska unconstitutional.