Republika Srpska Justice Minister Goran Selak said that he would provide a detailed legal comment after the full decision and reasoning are published, following the ruling of the Constitutional Court of Bosnia and Herzegovina rejecting the appeal related to the application of amendments to the Criminal Code of Bosnia and Herzegovina imposed by Christian Schmidt.
“However, it is already clear that the Constitutional Court of Bosnia and Herzegovina is not deciding solely on the basis of the Constitution of Bosnia and Herzegovina, existing laws and European legal standards, but is creating the impression that law is being subordinated to political objectives. Such an approach seriously undermines trust in the judiciary and the constitutional order,” Selak said.
He said it was legitimate to ask how criminal legislation can be used to sanction the non-implementation of decisions made by a single individual, and how such a solution could be upheld by the Constitutional Court of Bosnia and Herzegovina.
“Does this introduce a legal principle under which the will of an individual stands above democratically established institutions and the legislative procedure? In history, emperors and kings enjoyed special protection under criminal law, but modern European democracies are based on the rule of law, the separation of powers and laws adopted by competent parliaments, not by individuals,” Selak said.
According to him, it is difficult to find an example in the modern democratic world, whether in Europe, Africa or Asia, where a foreign official can impose criminal legislation by decision and the highest judicial authority considers such practice compatible with the constitutional order.
“Bosnia and Herzegovina is a member of the Council of Europe and a signatory to the European Convention on Human Rights. That is precisely why one would expect the highest standards of constitutionality, legality and legal certainty to be applied consistently. If this model is being presented as a European standard, then one may rightly ask what message is being sent about Bosnia and Herzegovina as a country that should be based on the rule of law, not on the will of any individual,” Selak said.
He concluded that, after the full text of the decision is published, the Republika Srpska Ministry of Justice will conduct a detailed legal analysis and present the public with a reasoned position on all of its constitutional and international legal aspects.
Source: RTRS
