Republika Srpska has its own institutions deriving from the Dayton Agreement, which means that every decision by Christian Schmidt is illegal since he himself is not a legitimate High Representative. The new Government of Srpska was elected in accordance with the Constitution of Republika Srpska, and no one can dispute that, said Milorad Dodik’s advisor Ognjen Tadić.
The new government, led by Savo Minić, was voted in at a special session of the National Assembly of Republika Srpska with 50 votes in favor, one against, and none abstained. Tadić pointed out that Schmidt is not legitimate, and therefore neither are his decisions. While the formal government formation process has been completed, commentators from the Federation of BiH have claimed that the procedure was “illegal,” since Milorad Dodik, whom the Central Election Commission had attempted to strip of his mandate, proposed Minić as prime minister-designate.
Ognjen Tadić posed a direct question to such “experts”:
“In BiH nothing is unclear, nor are the reasons why some people, calling themselves legal experts, deliberately misinterpret the Constitution of BiH and the Constitution of Republika Srpska. Before any comment is taken from them, they should be asked publicly: Is Christian Schmidt the High Representative for BiH or not? If they answer ‘yes’—and some do—then any further discussion with them about law is meaningless.”
Meaningless talk with pseudo-lawyers
According to Tadić, those who claim Schmidt is High Representative despite the lack of a UN Security Council decision confirming it are not legal experts but pseudo-lawyers pushing political narratives.
“All who truly know the law in BiH know that Schmidt is not the High Representative. Therefore, everything these so-called experts reference is in fact inapplicable, unlawful, and not worthy of being treated as a legal basis for claiming that something in Republika Srpska is illegal,” Tadić stressed.
He reminded that the president’s mandate in Republika Srpska—currently Milorad Dodik—can only end by death, resignation, or recall by the people.
“Since none of these conditions exist, the timing of Dodik’s proposal for a new prime minister is irrelevant in relation to a procedural ruling of the BiH Court, which itself rests on Schmidt’s will and not on the Dayton Peace Agreement. Any debate about this with those who accept Schmidt as a High Representative is pointless, as it is not based on law,” he underlined.
Those who can read know what legal norms are
“Anyone who is a lawyer and understands what legal norms, the Constitution, and the Dayton Peace Agreement are, does not question the legality or legitimacy of the position of Republika Srpska’s president, nor of his decisions regarding the formation of the new government,” Tadić stated.
He added that “political Sarajevo, Schmidt’s supporters, and a handful of their followers in Srpska reject everything that represents the will of the people of Republika Srpska. They recognize only Schmidt and his promise that they will be brought to power in Srpska against the people’s will, or kept in power in the Federation against the people’s will. For them, that is the only law. With such people there can be no legal debate.”
Tadić concluded that Republika Srpska has shown it possesses sovereignty and the ability to enforce decisions of its own institutions.
Meanwhile, the newly elected prime minister Savo Minić emphasized that his election was legal and would be upheld by any court, even if composed of those disputing it. He stressed that everything being done is in the interest of Republika Srpska and its people.
The parliamentary majority confirmed Minić’s exposé and the appointment of his ministers. During his address, Minić thanked Dodik for his trust and pledged that the new government would “defend the original Dayton Agreement and the constitutional position of Republika Srpska.”
Source: RTRS