The embassies of the United States, United Kingdom, Germany, France, and Italy, along with the European Union Delegation in Bosnia and Herzegovina (BiH) and the EU Special Representative, issued a joint statement reaffirming the supremacy of the Dayton Peace Agreement (DPA) and the BiH Constitution.
The statement emphasized that the DPA and the Constitution unequivocally establish the primacy of BiH’s institutions and the Constitutional Court. Annex 4, Article 3 of the DPA states, “Entities and subdivisions thereof shall comply fully with this Constitution, which supersedes inconsistent provisions of the law of BiH and of the constitutions and law of the Entities, and with the decisions of the institutions of BiH.”
The embassies underlined that all legislation and conclusions from lower-level bodies, including those from entity parliaments, must align with the BiH Constitution and the Constitutional Court’s decisions. They stressed that neither entity has the authority to challenge the primacy of BiH institutions or laws.
The joint statement expressed deep concern over the conclusions adopted by the Republika Srpska National Assembly (RSNA) last night (Tuesday), calling them a severe threat to BiH’s constitutional order. The embassies described these conclusions as anti-Dayton, undermining the authority of state-level institutions and jeopardizing BiH’s Euro-Atlantic path.
“At a time when the formal opening of EU accession negotiations has never been so close, a return to political blockades would have negative consequences for all citizens of BiH, a majority of whom support EU accession,” the statement warned.
Reaffirming their support for BiH’s sovereignty, independence, territorial integrity, and multiethnic character, the embassies also highlighted their backing of the High Representative, who, under Annex X of the DPA, is tasked with interpreting its civilian aspects.
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