Dević prepared for October 25 session: If the KS Government is dismissed based on Uk's resignation, it will not be a constitutional decision

(Patria) - The session of the KS Assembly, which will consider the resignation of the KS Government Prime Minister Nihad Uk, and as presented, the entire KS Government, regardless of the fact that some ministers oppose it and did not wish to resign, will be turbulent.

The head of the SDA Club in the KS Assembly, Mahir Dević, announced earlier that he would prepare well for the session, and today he announced on the social network Facebook, clarifying that if the entire Government falls, such a decision will not be constitutional.

"A person who holds the position of prime minister and who is the prime minister cannot, as long as they are in that status, simultaneously be a candidate for prime minister.

According to the Constitution of the FBiH, the Constitution of Sarajevo Canton, and the Rules of Procedure of the Sarajevo Canton Assembly, a minister's mandate can only cease in two ways: resignation of the minister or dismissal of the Government, which is initiated autonomously by the Sarajevo Canton Assembly, not based on the resignation of the prime minister.

The Constitutional Court of the FBiH, in its ruling in the case of the resignation of minister Desnica Radivojević in 2012, explicitly took the position that the mandate belongs to the minister, not the party. When it comes to the termination of a mandate based on resignation, the Constitutional Court emphasized that a public office can only cease by the will of its holder, but that this will must correspond to the actual will of the person submitting the resignation and must be freely expressed. In the case of the alleged resignation of the Prime Minister of the Sarajevo Canton Government, Nihad Uk, it is clear that it does not correspond to his actual will, nor is it freely expressed, and it is even clearer that the ministers in the Sarajevo Canton Government have not expressed their will to resign.

On the contrary!!!

If the mandate belongs to the minister, and it does, then it is clear that the Prime Minister of the Sarajevo Canton Government cannot, by his resignation, jeopardize the constitutional and legal right of the minister to exercise his mandate. Moreover, the Constitution of the FBiH, the Constitution of Sarajevo Canton, and the Rules of Procedure of the Sarajevo Canton Assembly do not at all provide that the mandate of ministers ceases upon the resignation of the Prime Minister. Such an institute simply does not exist in the Constitution of the FBiH, the Constitution of Sarajevo Canton, and the Rules of Procedure of the Sarajevo Canton Assembly.

Such a possibility is only prescribed by the Law on the Government of Sarajevo Canton, but it is more than clear that the law cannot have greater legal force than the Constitution of the FBiH, the Constitution of Sarajevo Canton, and the Rules of Procedure of the Sarajevo Canton Assembly.

It should be recalled that the Constitutional Court of the FBiH has very often declared cantonal laws unconstitutional precisely because of their opposition to the Constitution of the FBiH, the Constitution of Sarajevo Canton, and the Rules of Procedure of the Sarajevo Canton Assembly.

Given that a minister in the Sarajevo Canton Government cannot constitutionally have their mandate terminated by the resignation of the Prime Minister, it is evident that the only way for Sarajevo Canton to have a constitutional government is for the Sarajevo Canton Assembly to NOT accept the resignation of Prime Minister Nihad Uk, or to accept only his resignation, without dismissing the ministers, and to initiate the procedure for appointing a new prime minister.

GENTLEMEN FROM TROJKA, CHOOSE WHAT YOU WANT???", asked Dević.