The Constitutional Court of Bosnia and Herzegovina held today its 101st plenary session, where it decided on a number of requests for the review of constitutionality and appeals on purported violations of human rights and fundamental freedoms.
The Constitutional Court of Bosnia and Herzegovina has, inter alia, dismissed the request filed by the Basic Court in Derventa for the review of compatibility of Article 97(1) of the Law on Enforcement Procedure of the Republika Srpska as it was established that Article 97(1) of the Law on Enforcement Procedure of the Republika Srpska is in conformity with Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court of Bosnia and Herzegovina held a preliminary deliberation on the procedural issues in regards to the request of Mr. Mladen Bosić, the Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for review of constitutionality of the Decision on Adoption of Unified Programme of Data Processing of the Census of the Population, Households and Dwellings in Bosnia and Herzegovina in 2013 no. 11-43-2-12-601-2/16 of 18 May 2016 and the Unified Programme of Data Processing of the Census of the Population, Households and Dwellings in Bosnia and Herzegovina. The Constitutional Court will take a decision in regards to this request at the following plenary session.
For the sake of illustration, we single out the following:
The Constitutional Court of Bosnia and Herzegovina has partially granted the request of Dr Božo Ljubić, the Chairman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, at the time of submission of the request, for review of the constitutionality of Articles 10.10, 10.12, 10.15 and 10.16 of the Subchapter B of the Election Law of Bosnia and Herzegovina and provisions of Article 20.16A under Chapter 20 – Transitional and Final Provisions of the Election Law.
The Constitutional Court of Bosnia and Herzegovina established that the provision of Sub-chapter B, Article 10.12 (2), in part stating that each of the constituent peoples shall be allocated one seat in every canton and the provisions of Chapter 20 – Transitional and Final Provisions of Article 20.16A (2), items a-j of the Election Law of Bosnia and Herzegovina are not in conformity with Article I(2) of the Constitution of Bosnia and Herzegovina as the mentioned provisions manifestly imply that the right to participate in democratic decision-making exercised through legitimate political representation, will not be based on democratic election of delegates to the House of Peoples of the Federation of Bosnia and Hercegovina by the constituent people that is represented and whose interests are represented by those delegates. Therefore, the aforesaid is in contravention to the principle of constituent status of peoples, i.e. the principle of equality of all constituent peoples.
Accordingly, the Constitutional Court of Bosnia and Herzegovina has, in accordance with Article 61(4) of the Rules of the Constitutional Court of Bosnia and Herzegovina, ordered the Parliamentary Assembly of Bosnia and Herzegovina to harmonise, in, not later than six months from the day of delivery of this decision, the provision of Sub-chapter B, Article 10.12 (2), in part stating that each of the constituent peoples shall be allocated one seat in every canton, and the provisions of Chapter 20 – Transitional and Final Provisions of Article 20.16A(2) items a-j of the Election Law of Bosnia and Herzegovina with Article I (2) of the Constitution of Bosnia and Herzegovina.
The Constitutional Court of Bosnia and Herzegovina dismissed as ill-founded the request of Dr Božo Ljubić for review of constitutionality of the remaining part of the provisions of Sub-chapter B, Articles 10.10 and 10.12, and Articles 10.15 and 10.16 of the Election Law of Bosnia and Herzegovina as it established that these provisions are in conformity with Article I (2) of the Constitution of Bosnia and Herzegovina.
In addition, the Constitutional Court of Bosnia and Herzegovina granted the request of Mr. Bakir Izetbegović, a Member of the Presidency of Bosnia and Herzegovina and Others, “for resolution of a constitutional dispute with the Entity of Republika Srpska” with regards to the Decision to Call a Republic Referendum, No. 02/1-021-894/16 of 15 July 2016 and established that the Decision to Call a Republic Referendum, No. 02/1-021-894/16 of 15 July 2016 is not compatible with Article I(2) and Article VI(5) of the Constitution of Bosnia and Herzegovina since that decision determined the referendum issue on which there is a final and binding decision of the Constitutional Court of Bosnia and Herzegovina as institution of Bosnia and Herzegovina, and such decision must be respected by all public authorities and institutions.
The Constitutional Court annulled the results of the referendum held on 25 September 2016 are hereby annulled as the referendum was held based on the Decision to Call a Republic Referendum no. 02/1-021-894/16 of 15 July 2016 which was established as not being compatible with the Constitution of Bosnia and Herzegovina and contrary to the order of the Constitutional Court referred to in the Decision on Interim Measure no. U 10/16 of 17 September 2016.
All decisions on requests for review of constitutionality and appeals that are adopted at the session will be communicated to the appellants within one month and posted on the website of the Constitutional Court of Bosnia and Herzegovina.
