Legal expert Ognjen Tadić has stated that Christian Schmidt’s imposition of decisions is contrary to the Dayton Peace Agreement and represents a complete nullification of sovereignty in Bosnia and Herzegovina.
We publish the full text of his commentary:
Another announcement by Christian Schmidt has appeared in the political skies over Sarajevo. Once again, presenting himself as the High Representative, he published a “decision.” This time, it refers to the Law on Amendments to the Law on the Financing of Institutions of Bosnia and Herzegovina. People might say, “Let the devil take him and his decrees already,” and perhaps we shouldn’t even pay attention anymore. But this time, Schmidt has outdone even himself—surpassing even that shameful decree from 2023, which stipulated prison time for defying his will. Even then, he didn’t go so far as to assume judicial powers, instead relegating that humiliating task to the Court of Bosnia and Herzegovina, instructing it to implement medieval punitive measures in the 21st century.
With this latest proclamation, which seeks to intervene in the Law on Financing of BiH Institutions, Schmidt acts simultaneously as the legislative, executive, and judicial authority.
Schmidt the Legislator
According to the Constitution of Bosnia and Herzegovina, only the Parliamentary Assembly can enact laws. In direct contradiction to these constitutional provisions, Schmidt stated that Article 2, paragraph (1), item j) of the Law on the Financing of BiH Institutions shall henceforth read:
“j) Expenditures: constitute a reduction of budgetary resources and include, among other things: operating costs (salaries and employee allowances, material costs and services, insurance expenses, banking services, and contracted services), all debt servicing, as well as servicing financial obligations from final and enforceable court decisions or final and enforceable decisions of other competent bodies in which Bosnia and Herzegovina is determined as the debtor, current grants, capital expenditures, grants awarded to lower levels of government, subsidies and donations.”
With this, Schmidt assumed the powers of the legislative branch in Bosnia and Herzegovina.
His proclamation also amends several other articles of the law, but this space is not dedicated to analyzing each provision. Instead, it focuses on the extent to which Schmidt has appropriated state authority.
Schmidt the Minister
The BiH Constitution defines executive powers as vested in the Presidency and the Council of Ministers. Contrary to this, Schmidt stated:
“Upon submission of a specified budget request by the Central Election Commission of Bosnia and Herzegovina, the Minister of Finance and Treasury shall be obliged to immediately make the requested funds available in the relevant or designated accounts, regardless of the status of the adoption of the budget or Bosnia and Herzegovina’s international obligations for 2025. If the minister fails to do so within seven (7) days, the Deputy Minister shall be obliged to execute the transfer.”
In doing so, Schmidt usurped the authority of the executive branch, directly violating the Law on the Council of Ministers and the Law on Ministries and Other Administrative Bodies.
He also appropriated powers from the Indirect Taxation Authority, as well as those of independent institutions such as the Central Bank of BiH and the Central Election Commission. A detailed reading of the text clearly reveals this.
Schmidt the Judge
Schmidt further wrote:
“Upon the transfer of said funds to the account provided by the Ministry of Finance and Treasury, these funds shall be deemed available to the claimant (Viadukt et al) and no further interest shall be calculated or paid, in accordance with this Decision. The Minister of Finance and Treasury shall, acting with due diligence, execute the payment without delay upon receipt of a valid request from the claimant.”
With this, Schmidt appropriated judicial authority over enforcement proceedings—defining who submits execution requests, to whom, what they should contain, and whether and how interest is calculated.
Most striking is the part where Schmidt orders:
“The Office of the Attorney General of Bosnia and Herzegovina, the Central Bank of Bosnia and Herzegovina, and BHANSA shall immediately take measures to suspend enforcement proceedings against the financial interests and assets of Bosnia and Herzegovina and its institutions.”
Thus, Schmidt assumed responsibilities for legal representation and much more.
Farewell, Europe…
The entire democratic world recognizes and protects the separation of powers—legislative, executive, and judicial—as a key pillar of civilization. In Bosnia and Herzegovina, all these powers are concentrated in one man—Christian Schmidt—a foreigner who illegitimately claims the title of High Representative.
Is it even necessary to point out how all of this violates the Dayton Peace Agreement? Is it worth stating that such things are unimaginable in any sovereign country? Can a clearer example be found of the total annulment of Bosnia and Herzegovina’s sovereignty?
Bosnia and Herzegovina is not a prison in which Christian Schmidt plays the warden, where constituent peoples are warring gangs and entities are just prison blocks. No people in the world deserve what Schmidt is doing—not even his own, the Germans, were subjected to such treatment after the First and Second World Wars.
Source: RTRS
