Proposal to Decide on the European Negotiator by Magazinović & Co – An Attack on the Constitutional Order of BiH!

Written by: Rasim Belko

Delegates Saša Magazinović, Mira Pekić, Nihad Omerović, Sabina Ćudić and Jasmin Emrić – heads of clubs in the House of Representatives of the Parliamentary Assembly of BiH – decided to request that, urgently, immediately after the 32nd session, the 33rd session of the House of Representatives be held as well. Because, you know, when the “European path” calls, everything must be urgent. Even the demolition of the Constitution.

The goal, they say, is to adopt a decision on establishing the Office of the Chief Negotiator of Bosnia and Herzegovina with the European Union, as a “temporary body” of the Council of Ministers of BiH.

Temporary, therefore just like everything in BiH: temporary institutions, temporary decisions, temporary people in permanent positions.

But the essence is simple. Under the slogan “Europe has no time to wait,” these delegates plan to take over competencies that neither the Constitution nor the law grants them.

Of course, violence against the constitutional-legal order is not new in the political repertoire of the Troika, HDZ and SNSD. It has already become routine – like retelling gossip in cabinets. Only Dodik does it openly, with a finger pointed at the state, while these do it nicely, with a smile and invoking European integration.

In both cases, the result is the same, a blow to the state, only with different packaging.

Because when Milorad Dodik passes laws contrary to the BiH Constitution, it is rightly interpreted as an attack on the constitutional order. But when the same is attempted by the “democratic reformers” from the Troika, then it supposedly falls under “creative interpretation of the Constitution in the interest of European integration.”

If it weren't sad, it would be amusing.

And now, as if it were a banal administrative decision, the heads of the clubs of SDP, NiP, NS - Aida Baručija, NES-Naprijed and with the assistance of PDP-SDS from the RS – decide to change the political architecture of the state, bypassing all rules.

If they were in power in the RS, Dodik would be patting them on the shoulder.

The Constitution of Bosnia and Herzegovina, Article V, point 3, in paragraphs b, c and d clearly states:
b) Appointing ambassadors and other international representatives of Bosnia and Herzegovina, of which no more than two-thirds may be selected from the territory of the Federation.
c) Representing Bosnia and Herzegovina in international and European organizations and institutions and seeking membership in those international organizations and institutions in which Bosnia and Herzegovina is not a member.
d) Conducting negotiations for concluding international agreements of Bosnia and Herzegovina, denouncing and, with the consent of the Parliamentary Assembly, ratifying such agreements.

Therefore, everything with an international prefix – is exclusively the competence of the BiH Presidency.

This is also confirmed by the Law on the Procedure for Concluding and Executing International Obligations:
Article 6 of the said law: “The decision to initiate the procedure for conducting negotiations for concluding an international agreement, on its own initiative or at the proposal of the Council of Ministers of Bosnia and Herzegovina, is made by the Presidency of Bosnia and Herzegovina.”

Article 7: “In negotiations for concluding an international agreement, Bosnia and Herzegovina is represented by a delegation designated by the Presidency of Bosnia and Herzegovina, or, upon its authorization, by the Council of Ministers of Bosnia and Herzegovina.”

In other words, neither the Parliament nor the Council of Ministers have the right to decide on anything concerning international relations and agreements. What they are now attempting is not a reform step – it is a constitutional coup with a European flag in hand. To make matters more absurd, imagine if tomorrow Ana Trišić-Babić in Banja Luka proposed that the National Assembly of the RS adopt decisions on appointing international representatives of BiH.

The political scene would erupt, EU ambassadors would be outraged, and the Troika would hold three press conferences about “anti-state activities.” Well, dear reformers – that is exactly what you are doing now, only you have put on a European suit and tied a tie with blue stars.

This is not a matter of interpretation, but a matter of basic literacy about the constitutional order.

If someone sits in the State Parliament and does not know that the Presidency conducts international negotiations, then the problem is not in the Constitution – the problem is in the level of awareness.

And if, however, they know all this, but knowingly violate the Constitution and the law to satisfy current political needs, then this is no longer ignorance but malignant voluntarism – an attempt to turn the state into an improvised training ground for political experiments. They may have forgotten, but the immunity of delegates does not protect against criminal responsibility for an attack on the constitutional order.

And if anyone in this country is serious (and there are still a few left), someone would have to remind them that the constitutional order is not demolished without consequences – even when you call it “European reforms.” Because BiH is not only defended against Dodik's laws. It is also defended against self-proclaimed “Europeans” who, in the name of Brussels, would rewrite the Constitution as if it were a party statute.

And therefore – let them not forget that demolishing the order is no less dangerous because it comes from Sarajevo, nor is it legal because it is packaged in Brussels phrases.

The only difference is that some wave the flag of the RS, and others the flag of the EU – but in both cases, under that fabric, the same state is being demolished.