The President of the Constitutional Court of Republika Srpska, Džerard Selman, stated today that the practice of the High Representative should be ended as soon as possible, as it has already produced numerous harmful consequences in Bosnia and Herzegovina.
“Granting excessive powers to any institution of a non-democratic character that has not been constituted in accordance with the constitution of any country, in this case the institution of the High Representative, undermines democracy, the rule of law, constitutionality and legality, that is, the legality and legitimacy of the legal order,” Selman said before the National Assembly of Republika Srpska while presenting information on certain issues of interest for the realization of constitutionality and legality.
He said that the Constitutional Court of Bosnia and Herzegovina, through its rulings, confirms the status of the High Representative by granting constitutionality to his legislative activities and refusing to review them.
“The Constitutional Court of Bosnia and Herzegovina regularly confirms the constitutionality of the decisions of High Representatives regardless of the content of the legal provisions, which in most cases were constitutionally questionable, that is, contrary to the Constitution,” Selman added.
He emphasized that such a practice undermines the principle of constitutionality and legality at both the level of Bosnia and Herzegovina and the entities, while preventing the realization of the rule of law.
“At the same time, it prevents or restricts the implementation and protection of fundamental human rights and freedoms. Not to mention the unity, functionality and harmonization of the legal order,” Selman said.
Members of both the ruling majority and the opposition believe that the OHR has outlived its purpose and that officials in Bosnia and Herzegovina should assume responsibility themselves.
They agree that High Representatives have acted against the interests of Republika Srpska and that their unlawful and unconstitutional decisions have caused damage to overall relations in Bosnia and Herzegovina.
Source: RTRS
