Republika Srpska will file a constitutional dispute before the Constitutional Court of Srpska over the derogation of its Constitution through decisions and laws adopted at the BiH state level, President Milorad Dodik announced.
He pointed out that the BiH Constitutional Court, in the Ljubić case and several other rulings, clearly stated that decisions and laws at the BiH level, including judicial rulings, cannot override the Constitutions of BiH or Republika Srpska.
Dodik emphasized that Republika Srpska will also defend its rights before the European Court of Human Rights, adding that Christian Schmidt, the illegitimate foreign appointee, “will not remain in Sarajevo for much longer.”
Republika Srpska, he said, continues its legal and constitutional struggle to protect its rights and competencies.
“The Constitution clearly states that the president of Republika Srpska can only step down if they resign — which I have not done and do not intend to do — or through a recall referendum requiring 50 percent plus one vote. That’s what the Constitution recognizes,” Dodik explained.
He stressed that the anti-constitutional and undemocratic ruling against the president of Republika Srpska ignored and violated the entity’s Constitution. For that reason, Dodik said, all legal procedures before the “truncated BiH Constitutional Court” must be exhausted before proceeding to Strasbourg.
Legal experts agree that this initiative is a legitimate and logical step by Republika Srpska’s institutions.
“It is completely natural to confirm that the integrity of the Constitution of Republika Srpska has been violated. The key question is how binding the Constitutional Court’s decision will be for higher levels of government,” said lawyer Miodrag Stojanović.
Dodik added that BiH “is not a good place for Republika Srpska,” which has endured three decades of repression and pressure, yet continues to preserve its constitutional position.
“Now, with the departure of the Biden administration, we have an opportunity to create a more favorable situation for Srpska. I can say with certainty that Schmidt will not remain in Sarajevo much longer. After that, we will be able to resolve many issues that were imposed unconstitutionally and against the Dayton Agreement,” Dodik noted.
He also commented on a recent BiH Court decision rejecting Nebojša Vukanović’s complaint against the Central Election Commission’s approval of SNSD’s candidacy for early elections, signed by Dodik himself.
“It was a pointless complaint — of course, I had the right to sign it. Some people just look for distractions,” Dodik remarked.
The president reiterated that peace and stability must be preserved for Republika Srpska to continue its development, emphasizing that the entity “has its own path and will stay firmly on it.”
Source: RTRS
