RS publishes rules for judicial council despite constitutional court suspension

NEWS 21.03.202515:06 0 komentara
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The Official Gazette of Republika Srpska (RS) entity has published regulations for appointing the first members of the High Judicial and Prosecutorial Council of the RS, despite the Constitutional Court of Bosnia and Herzegovina having temporarily suspended the law establishing it.

Ignoring the Court's decision—an act considered a criminal offence—RS Justice Minister Milos Bukejlovic enacted the regulations. The council, until fully functional and regular members are elected, will consist of 13 initial members.

According to the rules:

  • Four members will be appointed by the President of the Supreme Court of RS from among Supreme Court judges.
  • Four will be appointed by the Chief Public Prosecutor of RS from among public prosecutors.
  • Three members will be appointed by the Speaker of the RS National Assembly based on high professional and ethical standards, impartiality, and expertise relevant to the council’s work.
  • One member will be selected by the President of the RS Bar Association from among its lawyers.
  • The RS Minister of Justice will serve ex officio as a council member.

Appointments will follow public calls issued by the responsible bodies, with decisions due within 15 days of the call’s publication. The initial members will swear an oath before the Speaker of the RS National Assembly.

The initial council will have a limited mandate until the regulations take effect and regular members are elected. Sessions will be convened by the Minister of Justice, with nine members required for a quorum and decisions made by majority vote. In case of a tie, the Minister’s vote will be decisive.

Although RS media suggested a resignation from the BiH High Judicial and Prosecutorial Council was linked to RS decisions, sources confirm that the resignation was preplanned and unrelated to the laws adopted by the RS National Assembly.

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