Constitutional law professor Siniša Karan emphasized that even some opponents of Republika Srpska have understood that the constitutional and agreed Dayton framework of BiH must not be altered, no matter the cost, and that the Dayton Agreement is more important than any individual right of an applicant in this country because dismantling the constitutional order would once again jeopardize peace.
Professor Karan stated that implementing the rulings of the European Court of Human Rights would dissolve the Dayton BiH and the Dayton Constitution, transforming BiH into a civic, unitary, and folklorically multicultural state, without the principles of consociationalism or federal ethno-territorial representation.
- “Opponents of Srpska, even those from a federal state, have recognized the disastrous and potentially historic mistake of implementing the rulings of the European Court of Human Rights, which have been handed down primarily based on Bosniak policies and their desire for dominance in BiH,” Karan emphasized.
He reminded that within the continuous attacks on Republika Srpska aimed at creating a unitary “civic” BiH, those fighting for a sovereign and democratic BiH, the rule of law, and constitutionality, did not insist on changing the Constitution when powers constitutionally assigned to the entities were transferred to federal institutions—such as the military, police, intelligence structures, the Indirect Taxation Authority, courts, prosecutors, and numerous other exclusively entity-level responsibilities. However, they are now exceptionally eager and demanding constitutional changes for the implementation of the said court rulings.
Karan warned that it is highly indicative—and must not go unnoticed—that even some opponents of Srpska have realized that the application of rulings from the European Court of Human Rights, as well as the unconstitutional rulings of the Constitutional Court of BiH, undermines the agreed constitutional concept of BiH. This concept not only brought peace but also established a constitutional order based on the relationship between three constituent peoples and two entities through a balance of social relations, equality, parity, and consensus as guarantees of sovereignty for each constituent people and entity. The federal form of state governance is the only viable articulation and constitutionalization of state power that enables the realization of these principles.
- “Implementing the Strasbourg rulings would be the final blow to the Dayton Agreement, as the content of these rulings contradicts the very essence of a multiethnic, pluralistic society, and their implementation is unsustainable, dangerous, politically, sociologically, and socially impossible, unacceptable, and unfeasible,” Karan stated.
In his statement to Srna, the constitutional law professor emphasized that BiH is not ready to unpack the Dayton Peace Agreement, which was achieved through long and persistent negotiations, and no nation can or should impose its values on a constitutional and political system that would benefit only itself.
- “The question arises: can the fact that some opponents of Republika Srpska have ‘opened their eyes’ and realized that the implementation of the European Court of Human Rights rulings equates to creating a unitary BiH and classical majoritarianism be considered an important victory for federalists and proponents of the original Dayton and the power of three nations and two entities against unitarians?” concluded constitutional law professor Siniša Karan.
Source: RTRS
