According to the Constitution of Bosnia and Herzegovina, the appointment of two judges to the Constitutional Court of BiH is determined by the National Assembly of Republika Srpska, four by the House of Representatives of the Federation of BiH, and three by the European Court of Human Rights, with no requirement for specific nationalities. Therefore, the opinion of the so-called Venice Commission is unnecessary, stated lawyer Ognjen Tadić.
Tadić noted that the conditions for election are specified in the Constitution of BiH, and Republika Srpska has always elected judges, lawyers, and law professors with extensive experience.
“Less qualified were only candidates from Komšić’s sister party, the SDA, including former President of the Constitutional Court, Mirsad Ćeman, who passed the judicial exam at the age of 43,” Tadić told Srna.
He also recalled that the current President of the Constitutional Court of BiH, Seada Palavrić, graduated at the age of 30 and passed the judicial exam at 41.
According to the opinion of the Venice Commission, ethnic quotas cannot be used in the election of judges to the Constitutional Court of BiH because it “constitutes discrimination and undermines the integrity of this judicial institution.”
The opinion of the Commission on the method of electing judges to the Constitutional Court of BiH was requested on March 15 by then Chairman of the Presidency of BiH, Željko Komšić.
Source: RTRS
