The authority and the integrity of the Bosnia and Herzegovina’s Constitutional Court as Bosnia and Herzegovina’s highest judicial authority is unquestionable. Its decisions, which are final and binding in the whole country, must be respected, an EU spokesperson said in response to the decision of Republika Srpska entity parliament to adopt law changes that stipulate that no ruling of the State Constitutional Court will be applied in that part of the country.
Nabila Massrali, the Spokesperson for Foreign Affairs and Security Policy at the European External Action Service (EEAS) said in a statement that the Republika Srpska “has no authority to decide not to apply the decisions of the Constitutional Court of Bosnia and Herzegovina” and that the “vote to render Constitutional Court of Bosnia and Herzegovina’s decisions inapplicable in Republika Srpska is therefore without legal basis.”
“The vote marks a clear departure from the expectations that accompanied the granting of EU candidate status. Suspending cooperation on achieving EU key priorities is regrettable and completely contrary to the wishes and interests of all citizens of Bosnia and Herzegovina,” she stressed.
She reiterated that the EU has consistently demonstrated being a loyal partner to Bosnia and Herzegovina with an unequivocal commitment to the country and its EU accession perspective as a single, united and sovereign country.
With 56 votes in favour of 65 MPs in total, the Law on the Non-Enforcement of Decisions of the Constitutional Court of Bosnia and Herzegovina, which prohibits the implementation of the Court's decisions in the territory of Republika Srpska entity, was adopted Tuesday evening.
The decision met harsh criticism of a part of the international community, with the embassies of the US and the UK calling it “reckless” and “illegal.”
Prior to the vote, international law expert Nedim Ademovic warned that, if adopted, the decision will mean the “beginning of legal secession” of the entity from the state.
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