In regards to some publicly made inaccurate claims as well as imprecise statements and interpretations of the decision of the Constitutional Court of Bosnia and Herzegovina in case No. U 3/13 in which the Constitutional Court at its 95th plenary session, held on 26 November 2015, granted a request of Mr. Bakir Izetbegovic, the Member of the Presidency of Bosnia and Herzegovina, for review of constitutionality of Article 3(b) of the Law on Holidays of the Republika Srpska, the Constitutional Court of BIH would like to fully and accurately inform the public of the following:
By its decision of 26 November 2015, the Constitutional Court of BiH established that Article 3(b) of the Law on Holidays of the Republika Srpska was not in conformity with Article I(2) of the Constitution of Bosnia and Herzegovina, Article II(4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1(1) and Article 2(a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court of Bosnia and Herzegovina ordered the National Assembly of the Republika Srpska to harmonize Article 3(b) of the Law on Holidays of the Republika Srpska with the Constitution of Bosnia and Herzegovina within a time limit of 6 months from the date of delivery of this Decision. The decision is not delivered as yet.
Pursuant to Article 61 of the Rules of the Constitutional Court of Bosnia and Herzegovina, in a decision establishing the incompatibility with the Constitution of BiH, the Constitutional Court may quash the general act or some of its provisions, in full or partly. The quashed general act, or its quashed provisions, shall be rendered ineffective on the next day following the date of the publication of the decision in the Official Gazette of Bosnia and Herzegovina. In this case, the Constitutional Court of BiH did not act in this manner but applied exception to this Article of its Rules and granted the time limit to the National Assembly of Republika Srpska for harmonization.
Pursuant to Article 43 of the Rules of the Constitutional Court of BiH, any judge shall have the right and obligation to present and explain his/her separate opinion in writing not later than 15 days after the edited decision has been sent to him/her after the Editorial Commission of the Constitutional Court of BiH carries out editing of the text of the decision.
A separate opinion shall be annexed to the decision. The decision, together with the separate opinion, shall be published.
As certain judges announced their separate opinions during the decision-making process and as the editing of the text of the decision is not yet carried out, no conditions for its publishing and delivery have been met.
