Professor of Constitutional Law Siniša Karan stated that the diminished BiH Constitutional Court continues to operate in illegality, illegitimacy, and in violation of all constitutional norms and principles, as demonstrated by the recent case of Judge Seada Palavrić, who remains seated in this judicial institution despite meeting the requirements for retirement.
“If, 30 years ago, the BiH Constitutional Court had stated that there is no constitutional basis for the High Representative to enact laws, we wouldn’t be discussing this judge or this court and prosecutor’s office today,” Karan said.
He explained that the BiH Constitutional Court might have achieved some form of verification, legality, and legitimacy had they acted in accordance with procedures, their functions, and the existence of a constitutional basis.
“In other words, they should have first amended the Constitution and then enacted laws. However, instead, individuals like Christian Schmidt come here, introduce some ‘law,’ and wait for the moment to impose it on everyone and include it in the Constitution. Thus, all previous attempts to amend the BiH Constitution have aimed to incorporate what is currently unconstitutional,” Karan noted.
He reiterated that the BiH Constitutional Court and Prosecutor’s Office lack a constitutional basis, as they were not established under the Constitution, and that the recent case with Palavrić is a continuation of this cycle of unconstitutionality and illegality.
“This is all part of an effort to dismantle the constitutional order of BiH, which has, for the past 30 years, aimed to undermine the federal constitutional position of Republika Srpska. I repeat, such a court, prosecutor’s office, and judges lack legitimacy and legality. There is a procedural flaw in the form of the High Representative,” stated Karan, who is also the Minister of Internal Affairs of Republika Srpska.
Judge Seada Palavrić of the diminished BiH Constitutional Court turned 70 yesterday, which, according to the BiH Constitution, is the upper age limit for judge retirement in this court.
Previously, the BiH Constitutional Court has lacked a representative from Republika Srpska and the Serb people.
Source: RTRS
