Ademović: Regardless of the Constitutional Court of FBiH decision, the new coalition majority will implement what it wants

A public hearing was held this morning before eight judges at the Constitutional Court of the Federation of Bosnia and Herzegovina regarding the request of the Vice President of the Federation, Milan Dunović, for an assessment of the constitutionality of the Decree on the management of state capital in state-owned enterprises, which was previously adopted by the FBiH Government and was the reason for the collapse of the DF-SDA-HDZ BiH coalition, writes the BiH news agency Patria.

As Nedim Ademović, Milan Dunović's lawyer, told the Patria agency, the objection that the request for the constitutionality of the Decree was submitted before the Decree itself entered into force represents ignorance of the Constitution, because the Vice President, as a legitimate submitter of such a request, has the right under the Constitution to initiate proceedings even for a proposed act of the federal authorities.

- I think we gave a completely clear and legal answer during the hearing that the Government adopted the Decree concerning the power utility companies without a legal basis, because Article 116, Paragraph 9 of the Law on Electric Energy clearly stipulates that the management, rights, and obligations of power utility companies fall under the jurisdiction of the line ministry and the line minister – Ademović said.

By doing so, Ademović explains, the Decree, as a sub-legal act, could not assume that jurisdiction without violating that law, and at the same time the Constitution of FBiH, given that every minister not only has the constitutional right but also the obligation to implement the law, which means that the legislator mandated that they implement the Law on Electric Energy.

- I think the confirmation of our position is precisely the attempt in recent weeks to repeal Article 116, Paragraph 9 in the FBiH Parliament, and these amendments to the law did not pass in the House of Peoples. It is clear that both the Government and the coalition tried to repeal the provision on which our request is based. Now, after the public hearing, I expect a decision to be made as soon as possible because citizens have the right to know from the Constitutional Court who was responsible for the crisis that arose between DF on one side and coalition partners on the other, given that it cost citizens at least 6 months of a political situation that was supposed to manage the Federation – says Ademović.

He stated that there were many questions from the judges during the hearing, but that is why it was organized.

- I think the number of questions asked does not indicate in any way whether the request is founded or unfounded. The judges simply asked what they were interested in, and the public hearing showed that this Decree, even when it comes to power utility companies, has been practically implemented, so that in the event the Constitutional Court determines that it should not have been done, things will have to be returned to the beginning or legal regulations will have to be harmonized so that a decision is made as the current political authority wishes – says the lawyer.

Ademović stated that the Constitutional Court's decision will not have much practical significance at this moment because the line minister has resigned, and on the other hand, there is a new coalition majority (SDA-SBB-HDZ BiH, author's note) which will certainly implement what it wants by its own will.

- But at this moment, if no changes to the law occur, citizens can know what was in accordance with the Constitution and what was not – Ademović concluded.