Bosnia's Constitutional Court marks RS' Flag Law as unconstitutional

The Court's comprehensive reasoning focused particularly on the Law's attempt to grant the Republika Srpska Electoral Commission (RIK) authority over voter registration processes for referendums and civil initiatives - powers that properly belong to the state-level Central Election Commission (CIK) under Bosnia's Election Law. This aspect of the ruling reaffirms the Constitutional Court's consistent position that electoral mechanisms must operate through centralized state institutions rather than parallel entity-level systems.

"This decision represents more than just a technical correction - it's a vital reaffirmation of constitutional order," explained constitutional law expert Lejla Gacanica. "The Court has closed another avenue for creating alternative governance structures that could undermine state sovereignty."

The case continues the Court's longstanding jurisprudence regarding Republika Srpska's symbols, building on its landmark 2006 decision that found the entity's original coat of arms and anthem unconstitutional for privileging Serb national identity over Bosnia's other constituent peoples. That earlier ruling led Republika Srpska to replace its coat of arms with a neutral emblem featuring the letters "RS."

The current challenge was initiated by BiH Presidency member Denis Becirovic, who had previously obtained an interim measure blocking the law's implementation. Becirovic argued the legislation - which originated from resolutions adopted at the controversial "All-Serb Assembly" - represented an unconstitutional challenge to Bosnia's sovereignty and the Dayton Peace Agreement framework.

In its detailed reasoning, the Constitutional Court emphasized that Bosnia's Election Law explicitly designates the CIK as the sole authority responsible for maintaining the accuracy and integrity of the Central Voter Register across the entire country. The Court noted this centralized system applies equally to referendum processes, rejecting Republika Srpska's attempt to establish separate mechanisms through the challenged law.

Political analysts view the ruling as the latest development in ongoing tensions between Republika Srpska and state institutions, particularly regarding electoral processes and constitutional reforms. The unanimous decision reinforces the principle of state constitutional supremacy while potentially setting the stage for further legal and political confrontations.

As of this reporting, Republika Srpska officials have not issued an official response to the ruling, which takes immediate effect. Legal observers note the decision continues a pattern of constitutional disputes dating back nearly two decades when the court first ruled against Republika Srpska's symbols for violating the principle of collective equality among Bosnia's constituent peoples. The ruling also comes amid heightened political tensions surrounding proposed constitutional reforms and ongoing debates about the balance of power between state and entity-level institutions.