The President of Bosnia’s Federation (FBiH) entity, Marinko Cavara, denied allegations from a letter the High Representative of the international community sent him, arguing that he is not the one blocking the appointment of judges to the FBiH Constitutional Court and that the conditions for this to be done have not been met.
In a letter to top officials in FBiH, the High Representative of the international community, Christian Schmidt, called for the urgent appointment of judges to the FBiH Constitutional Court.
Schmidt, who is tasked with overseeing the civilian implementation of the 1995 Dayton Peace Agreement in BiH, wrote to the FBiH President, Marinko Cavara, Vice Presidents, Milan Dunovic and Melika Mahmutbegovic, and members of the joint collegium of the FBiH Parliament.
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“I am writing to you deeply disappointed by the continued failure to appoint judges to the four vacant seats of the Constitutional Court of the Federation of BiH and its Vital Interest Panel, which has direct implications on the ability of the Constitutional Court and its Vital Interest Panel to exercise their constitutional responsibilities,” Schmidt wrote.
Cavara told N1 that he is “glad that Schmidt is interested in the major problems in the Federation of Bosnia and Herzegovina” and added that he will touch upon the issue in a letter he is writing to the High Representative.
Cavara said that the problem arose in 2018 after the failure to reach a political agreement, which resulted in the entity not having many of its officials appointed.
He argued that the FBiH Constitutional Court is not blocked and that, although it has only five judges, it is functional.
“There are no conditions for the appointment of the president and vice president because there is no political agreement. Everything is prescribed in the Constitution of FBiH, the president of FBiH appoints the judges of the Constitutional Court with the consent of the vice president, and then we need to get consent in the House of Peoples in which we do not have a majority. There is no logic in accusing me of blocking anything. After the 2018 elections, no parliamentary majority was formed, no president, vice president, and no judges were elected,” he said.
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