Professor of Constitutional Law at the University of East Sarajevo, Radomir Lukić, stated that as of tomorrow, the Constitutional Court of BiH, which will no longer have any judges from Republika Srpska, ceases to exist in full and legal capacity, contributing to a crisis within the country through its judicature.
Lukić mentioned that the judicature of the Constitutional Court of BiH is not based on either the Constitution of BiH or the rules governing the jurisdiction of constitutional courts.
“The Constitutional Court writes, adds, and alters the Constitution of Bosnia and Herzegovina, deciding what it is and what it cannot be. Now, the problem with the composition of the Constitutional Court is just the tip of the iceberg of numerous problems in Bosnia and Herzegovina, primarily due to attempts at unitarization, centralization, and negation of the Serbian and Croatian identities in historical and political terms,” said Lukić.
He pointed out that legitimacy is essential for any state body that effectively fulfills its function, and the legitimacy of the Constitutional Court of Bosnia and Herzegovina without judges from Republika Srpska is questionable.
“Bosniaks will say it’s possible that it doesn’t matter if Serbs are there or not, as long as there’s a quorum and majority. That’s the stance they’ve advocated since 1991. They’ll say decisions can be made, independence declared without Serbs, but we know where all that led,” stated Lukić.
He assessed that the Constitutional Court of Bosnia and Herzegovina suffers from several serious illnesses, one of which has emerged now that judge Zlatko Knežević from Republika Srpska is retiring.
“The problems of the Constitutional Court of Bosnia and Herzegovina wouldn’t be solved even with two judges from Republika Srpska because a majority is always ensured there,” Lukić concluded.
Judge of the Constitutional Court of Bosnia and Herzegovina, Zlatko Knežević, officially retires, and as of now, there won’t be any judges from Republika Srpska in that judicial institution.”
Source: RTRS
