BiH Constitutional Court rules Vares mining concession agreements unconstitutional

The ruling follows a request submitted by 27 members of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina regarding a jurisdictional dispute over public land usage.

The Court determined that the contested acts, which include a March 2013 concession agreement along with six annexes signed between 2013 and 2022, an April 2023 easement contract, spatial planning decisions, and multiple cantonal government decrees, violated Articles I/2 and III/3.b) of the Constitution of BiH.

According to the judgment, unauthorized public authorities disposed of state assets in direct violation of the Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina. The Court emphasized that comprehensive legislation regarding state property has not yet been enacted at the state level, and the disputed transactions occurred without the mandatory involvement of the State Attorney’s Office of BiH, the legal representative of state asset ownership.

Consequently, the Constitutional Court ordered the Federal Ministry of Agriculture, Water Management and Forestry, the Vares Spatial Planning Service, the Zenica-Doboj Cantonal Government, and the relevant cantonal ministries to review all contested decisions under their jurisdiction. The Court mandated the inclusion of the State Attorney’s Office of BiH in the review process and instructed the authorities to repeal any acts found non-compliant with the federal prohibition law.