POPOVIĆ: BiH LEGAL SYSTEM LACKING SIGNIFICANCE AND INDEPENDENCE

BANJA LUKA, OCTOBER 8 /SRNA/ – The legal system in BiH functions with great difficulty, lacks significance within the international community as it is not coherent and is unable to build its own independence and autonomy due to the interventions of international representatives, law professor Vitomir Popović cited in SRNA statement.

Speaking on the topic of the upcoming October Law Days conference, titled "Development and Functioning of the Legal System," Popović said the legal system in BiH is highly complex in scope, as the country currently has 13 constitutions.

"Each of the 10 cantons has its own constitution and laws. Then there is the Brčko District, as well as Republika Srpska, the Federation of BiH and the state-level legislation. This creates a whole range of problems related to what should be prioritized - for example, whether a cantonal law should take priority over laws at the state level, or over those of Srpska or the Federation," said Popović.

He pointed out that BiH lacks what many other countries have and that its legal system is completely fragmented.

Popović noted that the application of laws is not debated around the world, just as constitutions are not up for debate either.

He emphasized that the Constitutional Court of BiH should safeguard and protect the Constitution, but unfortunately, it does not do so—instead, decisions are being pushed through by force.

"Laws are laws. One cannot be above or below another. This also applies to the Constitution of BiH. When it comes to the judiciary, you have a structure where the Court of BiH is on par with district courts in Republika Srpska and cantonal courts in the Federation of BiH. But it considers itself, more or less, the Supreme Court of BiH. Not only is it not, but it never will be," Popović stressed.

Popović stated that the functioning of the legal system has been further complicated by the intervention of so-called international community representatives.

"The imposition of solutions and laws by the so-called High Representative, which has occurred in recent times, has questioned those who are supposed to create laws - the legislative bodies, as well as those who propose them, the executive bodies," said Popović, who is also the head of the Association of Republika Srpska Lawyers.

Popović asserted that these are not representatives of the international community, but rather of certain embassies.

"Nor is the current High Representative, who is allegedly involved here under Annex 10, legal or legitimate. This creates a series of problems in the functioning of institutions and legislation in both Republika Srpska and the Federation of BiH, as well as in the cantons, in relation to the state level of BiH," Popović stated.

According to him, this also calls into question the judiciary as a separate branch, which rules based on decisions made by the so-called High Representatives, accepting them as part of the legal system and order, though they are not.

Speaking about solutions, Popović says it is very difficult to find one, because these are issues that must be decided by the peoples living in these territories, among whom it is hard to reach consensus.

The October Law Days, whose main theme is "The Construction and Functioning of the Legal System," will begin on Friday, October 10, at the Kardial Hotel in Teslić.