Milorad Dodik, the President of Bosnia's Republika Srpska entity, set a deadline to the Constitutional Court of Bosnia and Herzegovina to annul its latest decision which regulates the postponement of its sessions i.e. annuls such a possibility, threatening that authorities of the Serb-majority region would pass a law on non-implementation of the state-level court's decision on this entity's territory.
“We demand that the Constitutional Court annuls the decision passed yesterday by Friday 12 o'clock and to pass a decision that it won't be deciding on any matter and in any procedure until the Law on the Constitutional Court of BiH is adopted,” Dodik said on Tuesday.
He accused the institution of being “arrogant and anti-Serb,” trying to rule the Serbs out of the process of decision-making.
In a session held on Monday, the Constitutional Court of BiH amended the court rules, removing the article 39. which refers to the mandatory postponement of the sessions, grounding this decision on the Constitution of BiH.
“Provisions of the Constitution of Bosnia and Herzegovina do not recognise a possibility of the Constitutional Court being in a blockade, i.e. not being able to pass decisions from the scope of its competencies. Such option cannot be prscribed by any other legal act of lower authority than the Constitution of BiH. Bearing this in mind, the Constitutional Court passed a decision amending the Rules of the Constitutional Court of BiH and deleting the provision of Article 39 of those rules, in today's extraordinary session,” a press release said on Monday.
According to the deleted article, the court's sessions are postponed in case of absence of at least three judges selected by the Parliament of the Federation entity and/or at least one judge selected by Republika Srpska entity National Assembly.
If the decision is not annulled by Friday at 12 o'clock, Dodik said, the entity parliament will convene on June 27, Tuesday, and pass a law on non-implementation of the Constitutional Court's decision in Republika Srpska entity.
Out of nine judges at the Constitutional Court of BiH, four are appointed by the Federation entity (two Bosniaks and two Croats), and two are appointed by Republika Srpska entity National Assembly (two Serbs). Three judges are appointed by the European Court of Human Rights, and they are foreigners who cannot be nationals of BiH's neighbouring countries.
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