On Thursday, Bosnia and Herzegovina's Constitutional Court ruled unconstitutional a law passed earlier this year by the National Assembly of Republika Srpska (RS), which sought to shield executive and legislative officials in the entity from criminal prosecution.

The disputed law, adopted in April, was introduced by RS’s ruling majority as a response to legal proceedings against RS President Milorad Dodik, who faces charges of defying decisions made by the High Representative for Bosnia and Herzegovina. If convicted, Dodik could face up to five years in prison and automatic removal from office.

The law granted immunity not only to the RS President and vice presidents but also extended protection to members of the entity’s Government and RS MPs. It specified that these officials “shall not be criminally or civilly liable for opinions expressed, votes cast, or actions taken within the scope of their duties during or after their mandate.”

The adoption of this law came despite warnings from EU representatives who criticized it as an attempt to reduce the judicial accountability of political leaders. They argued that its retroactive application undermines legal certainty and could set a dangerous precedent.

In response to the RS's disregard of these warnings, a group of Bosniak MPs in the state-level parliament petitioned the Constitutional Court to review the law’s constitutionality.

The Constitutional Court determined that the law was unconstitutional because it conflicted with Bosnia and Herzegovina's state-level Law on Immunity, and therefore, the country's Constitution. According to the Court, the state law grants only civil immunity to executive officials for actions performed in office, not criminal immunity.

The Court further concluded that granting immunity from criminal responsibility to executive officials contradicts public interest and violates a fundamental principle of the rule of law, which demands equality before the law for all individuals.