The Council for the Protection of Vital Interests of the Constitutional Court in Bosnia’s Republika Srpska (RS) entity rejected a request submitted by Bosniak members of the RS Council of Peoples to review whether the RS Law on Immovable Property Used for the Functioning of Public Authority is detrimental to Bosniak interests.
The law in question was passed by the National Assembly of the Republic of Srpska at the session held on December 28, 2022. Bosniak members of the RS Council of Peoples asked the RS Constitutional Court to look into whether it violates the vital national interests of Bosniaks as one of BiH’s three constituent peoples.
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The RS Constitutional Court stated that the Council discussed whether there are procedural legal conditions for deciding on the law.
“In the request, the applicants pointed out, in essence, that the named law is directed against the state of Bosnia and Herzegovina and its institutions, that it negates the Constitution of BiH and the distribution of competencies between the state and the entities, and that in this way the vital national interest of the Bosniak people, because the Bosniak people tie their identity to the state of BiH, which was attacked by this law. Resolving the question of the admissibility of the request, the Council determined that such a request is not acceptable,” the council said, stating that it would not be in line with its rules and procedures.
It added that the applicant did not specify how the vital national interest of the Bosniak people was violated, because the explanation of the decision does not contain reasons that can be linked to the relevant provisions of the Constitution of the RS on the protection of the vital national interests of the constituent peoples.
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