At its 148th plenary session, the Constitutional Court of Bosnia and Herzegovina (BiH) ruled to annul the Election Law of Republika Srpska (RS), citing its inconsistency with the BiH Constitution and the country’s Election Law. The decision came in response to requests from Denis Zvizdic, the First Deputy Speaker of the BiH House of Representatives, and four delegates from the House of Peoples of the BiH Parliamentary Assembly.

The Court found that the RS Election Law, published in the “Official Gazette of RS” (No. 61/24), infringed upon the competencies of the central institutions of Bosnia and Herzegovina. It concluded that the RS law lacked constitutional grounds and violated the supremacy of national-level laws.

“There are no provisions in the BiH Constitution that would validate the RS Election Law adopted by the National Assembly of Republika Srpska,” the Court noted. It reiterated that the BiH Election Law is a decision of the country’s institutions, and the entities, including RS, are constitutionally bound to respect it. Consequently, the Court annulled the RS law and lifted an interim measure that had been imposed in July 2024.

In a separate case, the Court ruled in favour of the Serb Democratic Party (SDS) in an appeal involving the 2024 Local Elections. The SDS representative had been denied participation due to an inability to provide her own bank account number, a requirement for registration. The Court found that this violated her right to freedom of association.

The appellant had been unable to open an account due to economic sanctions imposed by the U.S. Office of Foreign Assets Control (OFAC) 20 years ago. The Court emphasized that these sanctions were economic, not political, and did not prevent her from participating in elections.

In its ruling, the Court criticized the formalistic application of the law by the Central Election Commission (CEC) and the BiH Court, which led to the appellant’s disqualification. It argued that the inability to provide an account number for reasons beyond the appellant’s control should not hinder her political participation. The Court acknowledged that the appellant had provided an alternative account under a commission agreement solely for financing the election campaign, which should suffice.

This landmark session underscores the Constitutional Court’s role in upholding national laws and ensuring the protection of political rights in Bosnia and Herzegovina.