
Constitutional Court of BiH Goes Beyond Its Jurisdiction
President of the National Assembly of Republika Srpska, Nedeljko Čubrilović, said that the Constitutional Court of BiH had no jurisdiction to assess the constitutionality of political acts, positions and proclamations issued by the National Assembly.
“As established by the Committee on Constitutional Issues in its response to the Constitutional Court of BiH, regarding the decisions made at the 24th special session of the National Assembly, the Declaration on Constitutional Principles and Conclusions expresses political views and is not considered piece of legislation – law or decision, neither in legal or substantive meaning”, emphasized Čubrilović, who is also the president of the parliamentary Committee for Constitutional Issues.
According to him, the Constitution of BiH clearly defines that the jurisdiction of the Constitutional Court of BiH is the assessment of the constitutionality of legal acts, more precisely that the Constitutional Court determines whether some provisions of the constitution or law of an entity are in accordance with the BiH Constitution.
“Having that in mind, the Constitutional Court of BiH should have declared itself incompetent in terms of considering these acts,” Čubrilović pointed out.
Čubrilović stressed that it was clear that all acts adopted at the 24th special session of the National Assembly, which were considered by the BiH Constitutional Court, express political views and that the BiH Constitutional Court had no jurisdiction to consider and evaluate them as such.
“If we have that in mind, it is completely clear that this is a political, not a legal decision of the BiH Constitutional Court, which has gone beyond its competencies regulated by the BiH Constitution,” Čubrilović underlined.