The Vice-Presidents of Bosnia’s Federation (FBiH) entity, Melika Mahmutbegovic and Milan Dunovic, wrote to the High Representative Christian Schmidt regarding the decision of FBiH President Marinko Cavara to propose judges of the FBiH Constitutional Court, stating he discredited and further complicated the process of appointing the missing judges.

They further clarified the appointment procedure according to the FBiH Constitution in Article IV.C.2.6.(2).

“’Judges of the Constitutional Court are proposed by the President of the Federation entity with the consent of Vice-Presidents, and the appointment requires the confirmation of the majority of delegates of the House of Peoples who are present and voting.’ It is obvious that by making the ‘Decision on Appointment’ at a press conference, and not in consultation with the Vice-Presidents, in the manner prescribed by the above-mentioned article of the Constitution, President Cavara violated the FBiH Constitution,” Mahmutbegovic and Dunovic stated.

They explained that Cavara made a “Decision”, not a “Proposal.”

“And he even stated that this ‘Decision’ will be published in the Official Gazette of the FBiH, thereby completely nullifying the role and importance of the House of Peoples of the Parliament of the FBiH, thus giving himself the role of a legislator! [Cavara] interrupted the period of silence and indolence (which lasted since 2016) to the writings and urgencies of our cabinets, of the Office of the High Representative, the Office of the EU Special Representative, the embassies of the USA, Great Britain, etc., by rejecting our joint proposal, thus ignoring our inevitable, constitutionally prescribed role in the process of appointing judges of the FBiH Constitutional Court,” they added.

The Vice Presidents claim that Cavara knowingly and purposefully violated the national balance of judges of the FBiH Constitutional Court.

“All of the above points to President Cavara's attempt to continue obstructing, and having no intention of unblocking the appointment process. We believe that interviews with candidates three years after the public competition conducted by President Cavara, without informing the Vice Presidents and without their presence, are completely contrary to all legal and constitutional procedures for the appointment of judges, and open the possibility of suspicion of influence peddling and abuse of position,” the two pointed out.

They concluded by saying that they are convinced that the High Representative and member states of the Peace Implementation Council, know who the main and only culprit and brakeman of the process of appointing the missing judges of the Constitutional Court is and that Schmidt will continue with his actions accordingly.