The Draft Law on Immovable Property for the Functioning of Public Authority, which is on the agenda of the fifth regular session of the Republika Srpska National Assembly (RSNA), is identical to the previously adopted Law, the application of which was suspended in April last year by the High Representative in BiH, and in September the BiH Constitutional Court declared it unconstitutional and made legally void, Capital news outlet learned Thursday.
The only difference between these two laws is in several sections of Article 5 of the newly proposed law, which states that upon its entry into force, the third law that was adopted in December last year, and which was also invalidated by the decision of the Constitutional Court of Bosnia and Herzegovina, ceases to be valid.
“This law regulates the ownership of immovable property that serves as a means of exercising and implementing public authority and that is used by the entities that exercise that authority since the signing of the General Framework Agreement for Peace in BiH,” reads the first article of the Law, which was proposed as the third item on the agenda of RSNA session scheduled for September 26, Capital wrote.
Article 2 of the law specifies that “subjects of public authority are the Republika Srpska, local self-government units, public companies, public institutions and other public services whose founder is the Republika Srpska, that is, a local self-government unit (hereinafter: public authority subjects)”.
“Immovable property that is considered the property of public authority entities from Article 2 of this law, by force of law, is the property of those entities,” says the third article.
Immovable property from Article 3 of this law, as well as the distribution, management and disposal of such property by public authorities, Article 4 stipulates, as in the law that was declared unconstitutional, will be determined by separate laws.
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