Republika Srpska is expected to constitute its new National Assembly and form a government by the end of November, paving the way for the adoption of a new constitution designed to strengthen its institutions and prevent political blockades.
SNSD President Milorad Dodik has announced that the new constitution could be proclaimed on January 9, Republika Srpska Day.
National Assembly Speaker Nenad Stevandić maintains that Republika Srpska has the constitutional right to adopt a new version of its highest legal act and insists that no one can prevent it from doing so.
The proposed constitutional changes would also redefine the functioning and responsibilities of the Council of Peoples.
New government expected by the end of November
The deadline for confirming the election results is November 3, while the new National Assembly and Government of Republika Srpska are expected to be constituted by the end of November.
Following the formation of the new authorities, constitutional reform is expected to become a major political priority.
Under the proposed constitution, Banja Luka would be designated as the capital of Republika Srpska, while East Sarajevo, with its seat in Pale, would receive the status of a historic capital.
Dodik emphasized that the new constitution should strengthen the protection of Republika Srpska’s institutions and prevent what he described as abuses of existing constitutional mechanisms.
“The new Constitution should be modern, respect the constitutional status of the constituent peoples, but also prevent abuses in the functioning of the Republic itself. We have had problems with the Council of Peoples, where the Bosniak delegation consistently invoked veto powers on all important matters,” Dodik said.
Stevandić: Institutional blockades have undermined Republika Srpska’s rights
According to the report, disputes over the use of vital national interest protection mechanisms have obstructed the adoption of several legislative measures.
During the previous parliamentary term, these included the Law on the Protection of the Constitutional Order of Republika Srpska, the Election Law, the Law on Immovable Property and the Declaration on the Protection of the Vital National Interests of the Serb People in BiH.
Stevandić argued that the Constitutional Court of Republika Srpska had identified a procedural violation in only one case, involving the appointment of a conflict-of-interest commission.
“The Constitutional Court of Republika Srpska found in just one case, concerning the selection of a conflict-of-interest commission, that we had not followed the prescribed legislative procedure, and we therefore repeated it,” Stevandić explained.
“All other cases proved to be abuses. Every blockade arose as a consequence of the violation of Republika Srpska’s rights,” he claimed.
Stevandić reiterated that Republika Srpska has the constitutional authority to adopt a new constitution.
Constitutional law professor warns of possible intervention by BiH Constitutional Court
Constitutional law professor Radomir Lukić acknowledged Republika Srpska’s constitutional powers but warned that the previous practice of the Constitutional Court of BiH should not be overlooked.
“Republika Srpska has its own constitution-making authority and may exercise it in accordance with the Constitution of BiH,” Lukić stated.
He argued, however, that the Constitutional Court of BiH could represent an obstacle, criticizing what he considers its broad discretion in reviewing constitutional matters.
Election results could change balance in Council of Peoples
The latest election results could also influence the composition of the Council of Peoples, particularly its Bosniak caucus.
SDA member of the National Assembly Ramiz Salkić suggested that the caucus could be evenly divided between two political groups.
“It is highly likely that the Bosniak caucus in the Council of Peoples will have a 4–4 split. Four delegates will come from political parties gathered in this coalition, and four from SNSD,” Salkić said.
He noted that the previous balance included five delegates from one side, enough to initiate the procedure for protecting vital national interests.
A change in the caucus’s composition could therefore affect the ability of political groups to invoke this constitutional mechanism.
Association of the Creators of Republika Srpska supports initiative
The Association of the Creators of Republika Srpska has also expressed support for adopting a new constitution.
The Association described Dodik’s initiative as a logical continuation of what it considers a state-building policy aimed at preserving Republika Srpska.
Supporters of the initiative argue that constitutional reform would provide stronger institutional safeguards, while the debate is also expected to raise questions about constitutional procedures, the rights of constituent peoples and the relationship between Republika Srpska’s institutions and those of BiH.
Source: RTRS
