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Tadić: Why is the Constitutional Court of BiH Exempt from Standards Applicable to Others?

Tadić: Why is the Constitutional Court of BiH Exempt from Standards Applicable to Others?

The statement from the Constitutional Court of BiH, which discusses its allegedly legal and transparent operation, is a direct consequence of questions publicly posed by the accounting and financial-auditing profession about financial operations, and not any politician, stated legal expert Ognjen Tadić.

If the operation of the Constitutional Court of BiH, which acts without Serb judges, was adjusted according to the standards expected of other institutions, Tadić evaluated, then there wouldn’t be such questions coming from professional circles.

“The financial operation standards of BiH institutions must be uniform, and as a legal expert, it is incomprehensible to me why the Constitutional Court of BiH would be exempt from the standards that apply to other institutions,” said Tadić to Srna.

He questioned what is it in the operation of the Constitutional Court of BiH, whether it’s about procurement or travel expenses or something else, that warrants exemption from the universally accepted professional financial standards, which are also in line with the requirements of the European professional financial-accounting community.

Tadić agreed with the claim that “the Constitutional Court of BiH has been subjected to various political attacks and pressures for years,” but highlighted that, for the sake of truth, it should be clarified what these pressures and attacks consist of.

“In fact, for years, there has been pressure from both outside and inside on the Constitutional Court of BiH to violate the Constitution of BiH, step out of its jurisdiction, guillotine the Dayton Peace Agreement, and some of the judges are pressured to make decisions that will be subject to scrutiny by criminal lawyers from the judiciary as soon as the existing generation of domestic judges finally leaves the court. The last of them retires in 2026, which means – soon,” emphasized Tadić.

The Constitutional Court of BiH announced that it “has been subjected to various political attacks and pressures for years,” which in the last year and a half have culminated in “the non-appointment of vacant judicial positions, pressure on a judge to leave the Constitutional Court by taking early retirement, and spreading falsehoods about the Court’s work through the media.”

This judicial institution states that the work of the Constitutional Court is “legal and transparent,” as evidenced by all financial reports, reports on conducted financial audits, and all other official documents that are public and published on the official website of this institution.

“The Constitutional Court is pleased that its work has earned the trust of the citizens, which is increasingly growing year by year, confirmed by the increasing influx of cases, equally from both entities and from all parts of BiH,” the statement said.

Since January 3rd, the Constitutional Court of BiH has been left with two Bosniak and one Croat judge, as well as an Albanian, a Swiss, and a German, who were appointed by the European Court of Human Rights.

At least six times in post-Dayton BiH, the Republika Srpska has proposed a law on the Constitutional Court and insisted that foreigners return to their country.

Source: RTRS

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