TERMINATION OF MANDATE BY CEC DECISION UNCONSTITUTIONAL, SRPSKA OBLIGED TO PROTECT CONSTITUTIONAL ORDER

BANJA LUKA, AUGUST 9 /SRNA/ - The termination of a mandate by a decision of the Central Election Commission /CEC/ of BiH is unconstitutional, not aligned with the Constitution of Republika Srpska, and therefore can have no legal effect or impact on the legitimately elected President of Republika Srpska, according to the Information that the National Assembly is expected to consider at a special session.

The Information regarding the CEC BiH decision specifies that the Constitution of Republika Srpska is the highest legal act after the Constitution of BiH, and that the CEC BiH decisions are not above the Constitution of Republika Srpska.

It is emphasized that the termination of the mandate by decision of the CEC is directly contrary to the Constitution of Republika Srpska, and indirectly to the Constitution of BiH.

“The CEC BiH confirms, but does not grant a mandate, and therefore cannot revoke it either. The mandate is granted by the citizens, expressing their free will in the electoral process. The CEC BiH is not above the Constitution of Republika Srpska and, as such, cannot annul acts of higher legal force through its acts,” it is explained in the Information published on the website of the National Assembly of Republika Srpska.

The Information points to Article 87 of the Constitution of Republika Srpska, which states that “the President of the Republic shall cease to hold office before the expiration of the term for which he was elected in the event of resignation or recall.”

It also refers to Article 88 of the Constitution of Republika Srpska, which defines that “the President of the Republic is accountable to the citizens, and they may recall him through the same procedure by which he was elected.”

"Accordingly, there is a possibility for the recall of the President of the Republic, and from the constitutional provision it follows that such a procedure would entail a referendum," the Information states.

By accepting the actions of the CEC in this matter, the Information adds, a unitary concept of BiH would be accepted, in which there would be no Republika Srpska.

It is further explained that the holders of sovereignty in BiH are the constituent peoples and the entities, and that the Dayton constitutional arrangement, with all its shortcomings, is the only possible legal framework for the survival and functioning of BiH on the principles of parity and consensus.

"BiH is in a state of usurpation of power, the derogation of the Dayton Peace Agreement, and the annulment of the rule of law. The National Assembly of Republika Srpska, as the bearer of the sovereign will of the people, has the right and obligation to protect the constitutional order of Republika Srpska and BiH," the Information states.

It is stated that the aim of the second-instance verdict of the Court of BiH against the President of Republika Srpska and the decision of the BiH Central Election Commission is to use a unitary concept to annul the Constitution of Republika Srpska and dismantle the Dayton and constitutional order of BiH.