LAW REJECTING CONSTITUTIONAL COURT DECISIONS STILL IN FORCE IN REPUBLIKA SRPSKA

BANJA LUKA, SEPTEMBER 10 /SRNA/ – Srđan Mazalica, head of the SNSD caucus in the National Assembly of Republika Srpska, told SRNA that the law by which the Republika Srpska Parliament does not recognize the decisions of the BiH Constitutional Court is still in force.

Commenting on the decision of the “incomplete” Constitutional Court of BiH to annul the conclusions of the Republika Srpska Parliament regarding the office of President Milorad Dodik, Mazalica stated that the Constitutional Court is acting like a “police officer” and an extended hand of the BiH Central Electioral Commission /CEC/, rather than respecting the constitutionality and legality of acts passed by BiH legislative bodies.

“If the Constitutional Court were doing its job, it would annul the decision of the BiH CEC, because it does not align with the Constitution of Republika Srpska, which, according to the opinion of the Venice Commission, is harmonized with the Constitution of BiH,” Mazalica said.

Mazalica reminded of practice when the BiH CEC acted differently in a similar case in the Federation of BiH.

“The Constitutional Court of BiH dealt only with conclusions 6, 7, and 8, which concern the office of President Milorad Dodik and obliging Republika Srpska bodies and institutions not to cooperate with the BiH CEC. It did not address other conclusions that reference the BiH Constitution,” Mazalica explained.

He reminded that conclusion 9 of the National Assembly of Republika Srpska criticized the Constitutional Court’s practice of recognizing the High Representative as an unquestionable and inherent part of BiH’s constitutional system.

Mazalica asked why the Court did not address that issue, or other conclusions related to the existence and office of Christian Schmidt in accordance with Annex 10 of the Dayton Pecae Agreement without UN Security Council’s decision.

“The Constitutional Court also failed to address the conclusion instructing the preparation of a resolution on Republika Srpska’s right to self-determination, as well as many other conclusions this Court should be dealing with. Instead, it focuses on enabling snap elections in Republika Srpska,” Mazalica stressed.

Mazalice pointed to a legal violence underway, where the BiH Constitutional Court is acting as a predecessor of the BiH Prosecutor’s Office, since failure to implement its rulings is treated as a criminal offense under the BiH Criminal Code.

“This is essentially a threat – anyone who acts in accordance with the Republika Srpska National Assembly’s conclusions could face judicial persecution, as seen in the case against Republika Srpska President Milorad Dodik, based on amendments to the BiH Criminal Code imposed by Christian Schmidt,” Mazalica said.

He warned that this is yet another decision of the BiH Constitutional Court proving the Court is captured by illegal and illegitimate structures in Sarajevo, whose aim is the complete dismantling of Republika Srpska.

“By implementing and supporting such decisions, we are tolerating a mechanism that, if continued, could lead to the complete abolition of Republika Srpska,” Mazalica concluded.

The incomplete Constitutional Court of BiH adopted the request by 14 members of the House of Representatives of the BiH Parliamentary Assembly to issue a temporary measure terminating the office of Republika Srpska President Milorad Dodik. These conclusions had been adopted by the Republika Srpska National Assembly at a special session on August 22.

The temporary measure suspends all acts based on items 6, 7, and 8 of the National Assembly’s conclusions related to the BiH CEC decision terminating the office of Republika Srpska President Milorad Dodik. The possibility of holding snap presidential elections in Republika Srpska is also rejected.