With regards to the conclusions adopted at the yesterday's session of the National Assembly of the Republika Srpska, disputing, inter alia, the work of the Constitutional Court of Bosnia and Herzegovina and calling for complete disregard of the final and binding decisions of the Constitutional Court, blocking of the work of the Constitutional Court and resignation of the Judge/Vice-President of the Constitutional Court of Bosnia and Herzegovina, Zlatko M. Knežević, the Constitutional Court strongly condemns such unconstitutional actions by the National Assembly of RS. It finds them to exert strong pressure on the independence of the Constitutional Court of BiH.
We would like to reiterate that the Constitutional Court of Bosnia and Herzegovina is established by Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution and as an institutional guarantor of the protection of human rights and fundamental freedoms as established by the Constitution of Bosnia and Herzegovina and instruments of Annex I to the Constitution. The Constitutional Court of Bosnia and Herzegovina is not a part of the legislative, executive or regular judicial authority but has been positioned by the Constitution of BiH as a separate independent authority which, based on the Constitution, acts as a corrective mechanism for all three segments of authority and as such is not obligated to answer to them. The Constitutional Court of Bosnia and Herzegovina alone can adopt regulations and general acts that concern its work and its role as established by the Constitution of BiH. It consequently follows that the Constitutional Court of BiH in the constitutional law system of BiH enjoys a full independence from any branch of authority. This was awarded to it exclusively by the Constitution of BiH.
Consequently, we would like to stress that the National Assembly has no grounds whatsoever in the Constitution of BiH for such actions. There is no basis in any of the provisions of the Constitution of BiH, entities nor any law in BiH that allows legislative bodies of the entities to interfere with the work and jurisdiction of the Constitutional Court of BiH, including the call for resignation of a judge of the Constitutional Court.
In relation to the call for resignation of the member of the Constitutional Court of BiH Zlatko M. Knežević, we would like to reiterate that each member of the Constitutional Court of BiH before assuming office gives a solemn oath obligating him/her to uphold the Constitution in exercising his/her office of a judge of the Constitutional Court of BiH and the laws of Bosnia and Herzegovina and that he/she will exercise his/her office conscientiously and impartially and exclusively in a personal capacity.
The Constitutional Court of BiH supports the work and professionalism of the esteemed colleague Judge and Vice-President Knežević and gives him a full support in these difficult challenges and pressures he is being exposed to. This is without a doubt a kind of a political influence and pressure made on the member of the Constitutional Court which is completely unacceptable and inconsistent with the Constitution of BiH and its principles. These actions affect in every possible way a legal certainty and rule of law which is a fundamental ground of every democratic society BiH strives to become on its road towards European Union.
Finally, we would like to inform the public that the Vice-President Knežević is currently on a sick leave. For these reasons, the Constitutional Court of BiH is not able to schedule and hold the plenary session planned for the end of May. Constitutional Court of BiH continues with its work in accordance with the Rules of the Constitutional Court of BiH.
President
Constitutional Court of Bosnia and Herzegovina
Valerija Galić
