The Constitutional Court of BiH has once again shown that it does not safeguard the Constitution but effectively nullifies it through its actions, stated Professor of Constitutional Law Radomir Lukić in response to the fact that Judge Seada Palavrić, who recently turned 70 and is therefore eligible for retirement, remains on the Court.
“The mandate of a Constitutional Court judge ends the moment they turn 70. The determination of a judge’s term length is solely a constitutional matter. This is so-called constitutional content, and it is not something that can be defined by anyone else,” Lukić explained.
According to him, given the constitutional provision, there was no constitutional possibility for her term to be extended by any other act, especially not by the rules of the BiH Constitutional Court.
“The Constitutional Court has once again shown that it does not protect the Constitution but rather nullifies it, as it attempts to alter constitutional norms with its own rules and acts, such as the Court’s Rules. One could say – nothing new in the West; in this way, the BiH Constitutional Court undermines itself,” Lukić stated.
Judge Seada Palavrić of the diminished BiH Constitutional Court turned 70 yesterday, which, according to the BiH Constitution, is the upper age limit for judges’ retirement in this court.
The BiH Constitutional Court has long lacked a representative from Republika Srpska and the Serb people.
Source: RTRS
