KNEŽEVIĆ: BEĆIROVIĆ'S REQUEST IS UNCONSTITUTIONAL AND COMPLETE FAILURE

BANJA LUKA, JULY 20 /SRNA/ - Former judge of the Constitutional Court of BiH Zlatko Knežević told SRNA that submitting a request for a review of constitutionality to the Constitutional Court of BiH over the veto concerning the appointment of members of the Commission to Preserve National Monuments of BiH, which was submitted today by the Chairperson of the BiH Presidency Denis Bećirović, was a complete failure.

Knežević stated that Bećirović did not file an appeal, as reported by media in the Federation of BiH, but rather a request for a review of constitutionality, noting that this is one of the more serious forms of work or powers of the Constitutional Court of BiH.

He pointed out that it was unclear to him how a member of the BiH Presidency, who is also a holder of a doctorate, could sign a request that is absolutely unconstitutional.

"The Constitution explicitly states that, in certain elements of the powers of the Presidency, when a member of the Presidency disagrees with such a decision, he may declare or state a violation of the vital entity interest," Knežević explained.

According to him, if the National Assembly of Republika Srpska, in this specific case because BiH Presidency member Željka Cvijanović made such a declaration, confirms that declaration by a two-thirds majority, such a decision is considered not to exist.

"It is not that it has no effect, it is not that it has been annulled, but simply that it does not exist. Therefore, I do not understand this goal and logic at all," Knežević said.

He said that the entire discussion over whether the National Assembly has authority or not comes down to whether that decision of the Presidency, which does not exist and which two members of the Presidency attempted to adopt, contains elements of foreign policy, or something referred to as international representation.

"What is the minimum logic needed to conclude that cooperating with a foreign organization, appointing foreigners to a domestic body, has nothing to do with foreign policy?" Knežević said.

He pointed out that Cvijanović had every right to decide whether this violated the vital entity interest and then rightfully submitted such a request to the National Assembly.

"Speaking professionally, the reason why this was submitted is not clear to me," Knežević stressed.

In his assessment, the most important thing in all of this is that it is impossible to demand from a constitutional body, such as the Constitutional Court, to annul constitutional powers that exist under the Constitution of another constitutional body, such as a member of the Presidency, and for a third constitutional body, such as the National Assembly, to decide on that.

"That is simply impossible," the former judge of the Constitutional Court said.

Knežević said that these are bodies of equal constitutional standing and that this is not about decisions, laws or violations of legal procedure - it is explicitly about the authority of a member of the Presidency and the National Assembly.

"Professionally speaking, this request is a complete misstep," Knežević concluded.

The Chairperson of the BiH Presidency Denis Bećirović requested that the Constitutional Court of BiH review the constitutionality of the decision of the National Assembly of Republika Srpska, which supported the veto of the Serb member of the BiH Presidency Željka Cvijanović regarding the appointment of members of the Commission to Preserve National Monuments of BiH.