Legal expert Ognjen Tadić stated that, due to the statement from the incomplete Constitutional Court of BiH regarding the role of foreign judges in that court, and especially due to all previous unconstitutional decisions, it is clear that in the interest of peace and the protection of the Constitution of BiH, that court must cease to operate. Immediate replacement of foreign judges is necessary.
Tadić told Srna that the process before the Constitutional Court of BiH needs to be defined by an appropriate law, similar to those existing for all other courts in this country, ensuring legal security for citizens.
He emphasized that the statement from the incomplete Constitutional Court of BiH regarding the role of foreign judges is an audacious and shameless act.
- “Do they really think that deputies, delegates, and other actors do not know the content of the Constitution of BiH? Why do they present a false translation of Article VI/1 d of the BiH Constitution, claiming that ‘for appointments made after the expiration of five years from the first appointments, the Parliamentary Assembly may by law provide for a different method of selecting three judges to be chosen by the President of the European Court of Human Rights,'” Tadić pointed out.
He indicated that everyone knows the Constitution does not state “a different method of selecting three judges to be chosen by the President of the European Court of Human Rights,” but rather “a different method of selection of the three judges selected by the President of the European Court of Human Rights.”
- “Therefore, not ‘to be chosen,’ in the sense of permanent authorization, but ‘selected,’ in the sense of a temporary and already utilized authorization that can be abolished by law and given to domestic institutions,” Tadić emphasized.
The incomplete Constitutional Court of BiH stated that “the deadline for the ‘departure’ of international judges from that court cannot be predetermined, but it can happen when the need for their presence in the court ceases, i.e., when domestic judges with their five votes can decide alone on issues of abstract review of constitutionality.”
The incomplete court also stated that “the departure of international judges is not one of the conditions for the start of BiH’s negotiations with the EU.”
Source: RTRS
