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“The Constitutional Court of Republika Srpska: NARS and the President of Republika Srpska did not violate the Constitution.”

“The Constitutional Court of Republika Srpska: NARS and the President of Republika Srpska did not violate the Constitution.”

“The Constitutional Court of Republika Srpska has determined that the National Assembly of Republika Srpska, through the adoption and submission of laws for proclamation and their publication in the Official Gazette of Republika Srpska, and the President of Republika Srpska, by issuing decrees, did not violate the procedure established by the Constitution of Republika Srpska for enacting laws. The Court concluded that the challenged laws, concerning their procedure of enactment, are in accordance with the Constitution of Republika Srpska.

At today’s session, among other decisions, the Constitutional Court adopted a decision not to accept the initiative for the assessment of the constitutionality of the Law on the Amendment of the Law on the Publication of Laws and Other Regulations of Republika Srpska and the Law on the Non-Application of Decisions of the Constitutional Court of BiH. The Court has established that the National Assembly of Republika Srpska, by adopting and submitting the mentioned laws for proclamation and their publication in the Official Gazette of Republika Srpska, and the President of Republika Srpska, by issuing decrees, did not violate the procedure for enacting laws established by the Constitution of Republika Srpska. Regarding the fact that the ‘High Representative’ for BiH adopted a decision preventing the entry into force of the challenged laws, the Constitutional Court has noted that the ‘High Representative’ for BiH is not an institution of the constitutional order of Republika Srpska. Hence, it is not possible to assess the constitutionality of the legislative procedure concerning those acts. The Constitutional Court also assessed that the Constitution of Republika Srpska does not, through any of its provisions, foresee the possibility for the ‘High Representative’ to intervene in the legislative procedure in Republika Srpska, which, besides law adoption, includes the issuance of decrees for law proclamation.”

“Additionally, alongside the aforementioned decision, the Constitutional Court, in today’s session, made decisions where it did not accept initiatives to initiate the procedure for assessing the constitutionality of the Law on Compulsory Health Insurance, the Law on Health Protection, the Law on Population Protection from Infectious Diseases, the Law on Cadastre and Premises of Republika Srpska, the Law on the Amendment of the Law on the Publication of Laws and Other Regulations of Republika Srpska, and the Law on the Non-Application of Decisions of the Constitutional Court of BiH, i.e., for the assessment of the constitutionality and legality of the challenged individual sublegal normative acts.”

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