Bosnian Constitutional Court rules Republika Srpska cannot legislate on state property

NEWS 31.05.202414:13 0 komentara
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The Constitutional Court of Bosnia and Herzegovina has declared that the entity Republika Srpska (RS) lacks the authority to legislate on immovable property.

This decision came after RS adopted a proposed entity law on the matter. The ruling followed an appeal by members of the BiH Presidency Denis Becirovic and Zeljko Komsic, along with delegates from both houses of the BiH Parliamentary Assembly. The Court emphasized that only the state of Bosnia and Herzegovina has the jurisdiction to manage state property, invalidating the RS law as unconstitutional.

The ruling underscores that, according to the BiH Constitution, the management of immovable state property is the exclusive competence of the state. This decision came in response to the RS National Assembly's December 2022 passage of a law regarding immovable property used for public authority functions. The law, which was challenged, would have assigned ownership of such properties to RS entities and local governments.

Despite the ruling, RS authorities have continued legislative actions that defy the BiH Constitutional Court, prompting intervention from the High Representative in BiH, Christian Schmidt, who annulled these actions and amended the BiH Criminal Code to address non-compliance with Constitutional Court decisions.

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