Constitutional Court of BiH upholds legality of criminal offence for non-compliance with High Representative decisions

The legal challenge specifically targeted the provisions that introduced the criminal offense of failing to comply with or respect the decisions of the High Representative into the state-level Criminal Code.

According to the issued rationale, the contested Law on Amendments to the Criminal Code of BiH added Article 203a, which prescribes criminal liability for any official or responsible person who fails to apply, implement, enforce, or otherwise comply with a decision of the High Representative for Bosnia and Herzegovina. The article also covers any individual who prevents or otherwise obstructs the application, implementation, or enforcement of such decisions.

The Constitutional Court recalled that these specific amendments to the Criminal Code of BiH were enacted by the High Representative through Decision Number 13/23 on July 1, 2023.

In the explanation of its final ruling, the Court stated that Article 203a of the Criminal Code of BiH and Article 4 of the amending law fully align with Article I/2 of the Constitution of Bosnia and Herzegovina, as well as Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Constitutional Court assessed that the contested provisions satisfy all necessary requirements of legal certainty, characterizing them as accessible, precise, and predictable, which represents a crucial baseline standard for criminal legislation.

Furthermore, the Court concluded that the prescribed criminal law protection is aimed at legitimate legal values directly tied to preserving the rule of law and safeguarding the overall functionality of the legal system within Bosnia and Herzegovina.

The initial request for the review of constitutionality had been submitted by the 32 representatives of the Republika Srpska National Assembly to challenge the validity of these amendments. By rejecting their appeal, the Constitutional Court of BiH has formally confirmed that the contested provisions remain in complete harmony with both the Constitution of BiH and the European Convention on Human Rights.