The Constitutional Affairs Committee of the Republika Srpska National Assembly has concluded today there is an actual danger of a “quiet” and unconstitutional redistribution of entities and BiH’s competences and changes in the internal organisation, as the consequences of years-long BiH Constitutional Court’s practice /pro futuro/ unfathomable and extremely harmful to the rule of law.

Today, the Committee defined the reply to the Constitutional Court of Bosnia and Herzegovina to the request submitted by the member of the Presidency of Bosnia and Herzegovina, Željko Komšić, for the evaluation of the constitutionality of the part of the amendment amending the Republika Srpska Constitution and amending the Republika Srpska Constitution with the Constitution of Bosnia and Herzegovina, the Republika Srpska National Assembly announced.

This request reads that the amendments to the entity constitutions have been “aligned” with the decision on the “constitutionality of the peoples”, and that these provisions, which resulted from the implementation of Constitutional Court of BiH’s decision on the ” constitutionality of the peoples”, are now in contradiction with the Constitution of BiH.

In its reply, the Constitutional Affairs Committee points out that the challenged provisions of the Constitution of Republika Srpska are actually amendments imposed by the High Representative, that the essence of the problem in a broader sense is the way and method of interpreting the provisions of the BiH Constitution and the Constitutional Court’s competences, because the Constitutional Court cannot represent the constitution maker, but should have the exclusive role of the BiH Constitution protector, which has not been performed in accordance with the Constitution for 20 years.

The reply to the BiH Presidency member Šefik DŽaferović’s request for reviewing the constitutionality of the Law on Medicines and Medical Devices of Republika Srpska and the Law on Amendments to the Law on Republic Administration was defined, too.

The Constitutional Affairs Committee emphasizes that the aforementioned request is unfounded, which the Constitutional Court of Bosnia and Herzegovina should fully reject, bearing in mind that the medicines and medical devices field is not within the competence of the BiH institutions.

“The applicants for the constitutionality assessment have a continuous tendency to abolish the competences of the entities provided for by the Constitution of BiH with the aim of changing the already existing distribution of competences prescribed by the Constitution of BiH, which represents a direct violation of constitutionality,” the announcement reads.

The Constitutional Affairs Committee defined today the reply to the Constitutional Court of Republika Srpska in cases related to the Labour Law, the Law on Basic Education and Upbringing, the Law on the Republika Srpska Attorney General, the Law on Officials and Employees in the Bodies of the Local Self-Government Unit and the Rules of Procedure of the Republika Srpska National Assembly.