POPOVIĆ: INCOMPLETE CONSTITUTIONAL COURT OF BiH’S MEANINGLESS DEBATE ON MINIĆ’S GOVERNMENT’S LEGALITY

BANJA LUKA, JANUARY 17 /SRNA/ – Legal expert Vitomir Popović believes it is pointless for the incomplete Constitutional Court of BiH to discuss the appeal regarding the legitimacy of the government headed by Prime Minister Savo Minić, since Minić has submitted his resignation, thus the entire government.

Popović told SRNA it is not customary to debate something that has already been resolved in advance, before a court decision.

"If the Constitutional Court of BiH decides to debate the issue and possibly take a position or issue a ruling, it will be of a declarative nature. The Court may say it was in accordance with the Constitution or that it was not. Given that there can be no enforcement of such a decision, because it has practically been implemented in another way, there are no consequences," Popović said.

He emphasized that the question of jurisdiction of the incomplete Constitutional Court of BiH arises, and that it is a serious issue whether it can decide on this matter given its current composition and the fact that it acts in ways entirely against Republika Srpska.

"This is not unexpected, especially considering that they have adopted a series of interim measures by which they try in advance to determine the outcome of disputes," Popović said.

He noted that the question now is what the incomplete Constitutional Court of BiH will decide on, since Prime Minister Minić, who was appointed by Milorad Dodik /who, according to the appellants’ interpretation, did not have the right to do so/, has submitted his resignation, which the National Assembly will most likely adopt, and a new prime minister-designate will be proposed by the acting president of the Republic.

On the agenda of the Constitutional Court of BiH session announced for January 22 is a request to assess the constitutionality of the decision electing the Government of Republika Srpska, headed by Savo Minić.

Minić submitted his resignation two days ago, which the National Assembly of Srpska will discuss tomorrow. He has been informed by the acting president of Srpska, Ana Trišić-Babić, that he will be proposed again as prime minister.

Trišić-Babić previously emphasized that this decision aims to prevent the creation of yet another artificial crisis orchestrated by the foreign administration, and to ensure that processes in Srpska are decided by Republika Srpska and its institutions, not by anyone outside of it.