Christian Schmidt, the international community's High Representative in Bosnia and Herzegovina, addressed the leadership of Bosnia's Serb-majority entity, Republika Srpska, stating that the Law on Immovable Property that the entity authorities recently adopted is unconstitutional and called for its annulment.

In a letter he sent to the Republika Srpska President, Justice Minister, Prime Minister as well as National Assembly Speaker and Deputy Speakers, Schmidt said that the recently enacted law on the immovable property that is used for the functioning of public authorities is an “unilateral action” that could seriously jeopardise the rule of law in Republika Srpska.

“This law is unconstitutional, opposite to the Constitutional Court rulings, and is therefore anti-Dayton,” said Schmidt, the international peace envoy in charge of overseeing the implementation of the Dayton Peace Agreement, which ended the 1992-95 war in Bosnia and established the country's constitutional system.

If the Republika Srpska authorities fail to annul this law, Schmidt said he would not hesitate to take necessary steps and use the tools he has at disposal.

“I would like to remind you that I hold necessary instruments with an aim of taking temporary measures as long as there is no adequate law at the state level,” he said.

The High Representative also noted in the letter that the law enactment jeopardises the legal certainty, recalling that the Constitutional Court's decision from 2012 established among other things that Bosnia and Herzegovina is the holder of all state property, including the property of the former Yugoslavia and former Socialist Republic of Bosnia and Herzegovina, and that there is a real need and obligation for Bosnia and Herzegovina to resolve the state property issue as soon as possible.

In addition, Schmidt recalled that these views have been reiterated in several decisions of the BiH Constitutional Court relating to agricultural land, forests and forest land, rivers and other public goods. He expressed regrets over the fact that BiH does not yet have legislation to regulate state property. As long as such law does not exist, he said, the Temporary Prohibition of Disposal of State Property will remain in force.

Schmidt also called on the Republika Srpska leadership to actively participate in the formation and work of expert group for the state and military property, in line with his not from December 3, 2021.