According to the relevant decisions of the BiH Constitutional Court, only the state of Bosnia and Herzegovina, as the holder of state property, can regulate the issue of state property with appropriate laws adopted by the BiH Parliament, the Office of the High Representative in BiH said Thursday commenting on the adoption of the Draft Law on Immovable Property by the Republika Srpska (RS) entity National Assembly on Wednesday.
The OHR recalled that state property can only be regulated by the state of Bosnia and Herzegovina, as it was exclusively stated in the Prohibition of Disposal of State Property. Any disposition that is contrary to the provisions of this prohibition will be considered null and void, the office noted.
“The BiH Constitutional Court has repeatedly confirmed that the issue of state property cannot be resolved by unilateral measures. Unilateral steps are unacceptable. They threaten the rule of law, undermine legal certainty and prevent a safe business and investment environment. Acting contrary to the clear decisions of the Constitutional Court, which were made within the framework of its constitutional powers, must be interpreted as a violation of the General Framework Agreement for Peace,” the international peace envoy’s office said.
They recalled that the Peace Implementation Council’s Steering Board made it clear in its communiqués that it “expects authorities at all levels in BiH to fully implement the decisions of the High Representative and stop any further illegal registration of state property.” The OHR also noted that the PIC called on “the Parliamentary Assembly of BiH to engage and adopt a law regulating this issue without further delay.”
So far, there have been several calls to reach a balanced and sustainable solution to this issue at the state level.
“The High Representative called on all responsible decision makers and mandate holders to work together, respect the rule of law and act constructively for the benefit of all BiH citizens,” the statement from the OHR said.
They concluded by saying that the High Representative will continue to monitor this issue in line with his mandate under the Dayton Peace Agreement.
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