The law by which the National Assembly of Bosnia’s Republika Srpska (RS) prescribed that the decisions of the Constitutional Court of BiH will not be published, applied and executed in the territory of that entity represents a gross violation of Bosnia’s Constitution, the Dayton Peace Agreement and an open attack on the constitutional and legal order of Bosnia and Herzegovina," the Social Democratic Party (SDP), People and Justice Party (NiP) and Our Party (NS), also known as the Troika, said in a joint statement on Tuesday.
They pointed out that “it is quite clear that the adoption of this Law is unconstitutional because the Constitution of BiH and all other positive norms clearly prescribe that the lower administrative unit cannot derogate from the decisions of the state and state institutions.”
the parties claim that the adoption of such a law actually does not respect any principle except for bare legal and political violence.
“The Constitutional Court, with its unique role in the judicial system of Bosnia and Herzegovina, represents one of the most important institutions of the state and we clearly say that the attack on the Constitutional Court is actually an attack on the Dayton Peace Agreement and a direct threat to peace in BiH,” the Troika which forms the state-level ruling coalition with the Alliance of Independent Social Democrats (SNSD) which proposed and adopted the RS Law on the Non-Enforcement of Decisions of the Constitutional Court of Bosnia and Herzegovina, said the statement.
They also condemn, as they state, “the racist statements of RS President Milorad Dodik about the judge of the Constitutional Court of BiH who comes from Albania, as well as the attacks on the BiH Grand Mufti Husein Kavazovic.
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The Troika calls on the RS National Assembly to fulfil its constitutional obligation and appoint the missing judges to the BiH Constitutional Court and to return to the framework of constitutional operation.
The adoption of such laws and the announcement that they will treat the Prosecutor's Office of BiH and SIPA in a similar way represent an acute challenge to peace in BiH and the region SDP, NiP and NS concluded, among other things.
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