The National Assembly of Republika Srpska (RSNA) convened its 16th special session in Banja Luka, addressing two key items on the agenda. The session culminated in the adoption of formal conclusions concerning the alleged erosion of the legal order in Bosnia and Herzegovina (BiH), the role of international representatives, and the functioning of state-level judicial institutions.
The adopted conclusions include the following:
1. Erosion of the Legal Order in BiH
The National Assembly of Republika Srpska adopts the information regarding the erosion of the legal order in BiH through violations of the Dayton Agreement by illegal actions of High Representatives in BiH, anti-Dayton activities of the Constitutional Court of BiH, and the Court and Prosecutor's Office of BiH.
2. Commitment to Territorial Integrity and Sovereignty
RSNA remains committed to respecting the territory and ‘divided sovereignty’ between the entities and BiH as defined by the General Framework Agreement for Peace in BiH, particularly Annex II.
3. Legal System and Security
RSNA notes that the legal system and legal security of all citizens of Republika Srpska and BiH have been severely undermined by unlawful decisions made by all past High Representatives, including Christian Schmidt, who ‘was not appointed as the High Representative in accordance with Annex X of the Dayton Agreement.’
4. Rejection of Legislative Authority by Foreign Representatives
The Assembly emphasizes that High Representatives ‘do not have the mandate to exercise constitutional or legislative authority’ by imposing personal solutions as binding decisions.
5. Alignment with European Legal Standards
RSNA states that the European Union's legal system does not accept the possibility of unelected foreigners enacting laws instead of democratically elected institutions. It requires representatives from Republika Srpska in state institutions to suspend decisions related to European integration until the process aligns with democratic principles and the rule of law.
6. Annulment of Unconstitutional Acts
The Assembly demands the annulment of acts resulting from unconstitutional actions by foreign individuals who lack the constitutional authority to propose or enact laws.
7. Judiciary and Sovereignty
RSNA asserts that judicial institutions at the BiH level, including the Court, Prosecutor's Office, and the High Judicial and Prosecutorial Council, are ‘unconstitutional categories’ imposed by the High Representative.
8. Politically Motivated Legal Proceedings
The Assembly condemns ‘politically motivated’ proceedings against Republika Srpska representatives based on decisions ‘unlawfully imposed’ by Christian Schmidt, stating they acted within their constitutional and legal powers.
9. Call for Humane Legal Standards
RSNA warns that European legal standards prohibit inhumane and degrading court proceedings against individuals in poor health, as currently practiced by the Court of BiH.
10. Suspension of Decision-Making
The Assembly calls on RS representatives in state institutions to suspend decision-making at the BiH level, except in cases involving the transfer of competencies or endangering Republika Srpska's position, until fair legal standards are ensured.
11. Protection of Sovereignty
RSNA condemns the interference of the Prosecutor’s Office of BiH in the Assembly's work, asserting that only the Constitutional Court of Republika Srpska can review its decisions.
12. Criminal Code Amendments
The Assembly requests the RS Government to urgently propose amendments to the Criminal Code of Republika Srpska, criminalizing non-compliance with RS institutional decisions.
These conclusions take effect immediately.
This session underscores ongoing tensions between Republika Srpska and BiH's state-level institutions, particularly concerning the role of international representatives and the judiciary in shaping the country's political and legal framework.
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