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Constitutional Court rejects the appellation from RS

By   /   19/01/2017  /   Comments Off on Constitutional Court rejects the appellation from RS

Republic of Srpska received on Thursday a new “punch in the face”, as the BiH Constitutional Court rejected the appellation claiming all decisions of BiH Federation Parliament from 2014 to today were unconstitutional.

The appellation was submitted by 30 delegates in RS Parliament who claimed that, since last parliamentary elections in 2014, the House of Peoples in Federation BiH Parliament does not have number of Serb delegates as it is determined by F BiH Constitution. It means that this Constitution determined that the necessary number of delegates in Serb Caucus is 17, but since the election there are just 13 of them. What’s more, the applicants requested as an interim measure to stop the execution of these laws and other legal acts, as well as to prohibit the operation of the House of Peoples of the Federation of BiH until it reaches the constitutionality of Serbs at full capacity.

The applicants consider that the challenged laws and other acts, which passed in the House of Peoples of the FBiH Parliament after the elections of 2014, are not in accordance with the Constitution of BiH, especially paragraph of its Preamble which reads that “Bosniacs, Croats and Serbs, are constituent peoples”.

The applicants also allege that due to lack of delegates in Serb Caucus it didn’t reach its full capacity and were not able to start the mechanism of protection of vital national interest. The applicants, in addition to the cited paragraph of the Preamble of the Constitution, do not explicitly indicate the provisions of the Constitution of BiH, which they consider to have been violated.

As it was announced after the Court session, the judges consider that there are not any constitutional nor legal obstacles for adoption of challenged laws by the House of Peoples of the FBiH Parliament, and that the delegates of the Serb Caucus were allowed to run mechanism of protection of vital national interests within the existing number of delegates from the ranks of the Serb people.

“The Constitutional Court concluded that the challenged laws were enacted in accordance with the provisions of the Constitution of Bosnia and Herzegovina and the International Convention on the Elimination of All Forms of Racial Discrimination. The Constitutional Court, inter alia, considered that there were no constitutional, legal or obstacles of the Rules of Procedure that the challenged laws adopted by the House of Peoples of the FBiH Parliament, and that the caucus of the Serb people was not prevented the realization of the right to start the mechanism for the protection of vital national interest. Consequently, the Constitutional Court concludes that the Caucus of the Serb people is not prevented from enjoying equality of political rights, as well as to the House of Peoples of the FBiH Parliament was not given the privileged position of any of the constituent peoples, but not the others, and that there is no system that reserves all public offices only to members of certain groups”, announced the Court.

The appellation was submitted by Alliance of Independent Social Democrats in RS National Assembly as the answer on decision of the BiH Constitutional Court which claimed the January 9 as RS Day, unconstitutional. They, in fact, put the Court on the probe and demanded the “same treatment of this case as it was with January 9”. Also, the group of delegates submitted the appellation which demands that Constitutional Court declares the March 1, when Federation BiH celebrate “Independence Day” as unconstitutional because it is not the holiday for Serbs and doesn’t reflect on all constituent nations in the state and in accordance with Constitution.

At the Thursday afternoon there was no reactions but it is expected that the ruling coalition in RS will exploit this decision as argument to prove that appellations from this entity are automatically rejected, and that Court makes discriminations against the Serbs./IBNA

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