The concept of property cannot be translated into any kind of public-law institute, nor does the Constitution of Bosnia and Herzegovina allow for that, said Zoran Vasiljević, professor at the Faculty of Law at the University of Banjaluka.
“Property is a broader concept than the right of ownership, which is only one type of real right. Under the BiH Constitution, regulation of private-law matters — including real rights — falls under the competence of the entities, and it is not among the ten competencies assigned to the level of Bosnia and Herzegovina,” Vasiljević noted.
He stressed that competencies can be transferred to the state level only with the consent of the entities, and that without such consent “there is simply nothing to discuss.”
Vasiljević explained that property represents a set of proprietary rights consisting of both contractual and real rights.
“Property is a purely private-law institute and cannot be transformed into a public-law institute, contrary to how the BiH Constitutional Court assessed it in 2011,” he said.
He added that the Constitutional Court even referred to the right of ownership, although property as a concept cannot be equated with ownership, as it is much broader.
The House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina will consider the Draft Law on State Property under regular procedure, after failing on 27 November to secure an entity majority to discuss it under urgent or shortened procedure.
The bill was proposed by MPs Jasmin Emrić, Šemsudin Mehmedović, Aida Baručija, and Elvis Hodžić.
SNSD MP Nebojša Radmanović stated that such a significant issue requires a political agreement, pointing out that political actors in Bosnia and Herzegovina have not been able to reach one on this matter for 30 years.
Source: RTRS
