STATE PROPERTY Dodik's lies and manipulation on the path to the concept of a 'composed state'

(Patria) - Milorad Dodik, member of the BiH Presidency, after a meeting with the Deputy Assistant Secretary of State of the USA, Gabriel Escobar, presented a series of lies at a press conference concerning state property and all legal acts that currently regulate it.

Speaking about the Constitutional Court of BiH's ruling on agricultural and forest land in RS, which was declared unconstitutional, Dodik called it an absurdity, because according to him, the Constitutional Court had previously confirmed with its decision that Brčko District is the owner of agricultural land and forests, and after 30 years they are taking this right away from Republika Srpska and "some in Sarajevo think this will pass".

Here is what ruling U1/11 says:

Paragraph 81

"Having stated the above, the Constitutional Court concludes that RS enacted the disputed law (Law on Resolving the Status of State Property) contrary to Article I/1 of the BiH Constitution (state continuity) and Article III/3 paragraph b (additional competencies of the state of BiH), which expresses the principle of constitutionality, as well as Article IV/4e (constitutional competencies for the protection of the sovereignty and territorial integrity of BiH), which assigns the BiH Parliament competencies in other matters necessary for the implementation of state duties, because regulating the issue of property from Article 2 of the disputed law is the exclusive competence of BiH. For these reasons, the challenged law is unconstitutional. The entire law cannot remain in force together.

This conclusion is not affected by the fact that Brčko District BiH adopted the Law on Public Property of Brčko District BiH, with its specific solutions. This law has not been challenged before the Constitutional Court of BiH, nor is it the subject of a request for an assessment of constitutionality (in this specific case). Therefore, the Constitutional Court cannot examine the jurisdiction for examining this law (of Brčko District). Any contrary approach could lead to prejudging this issue, which is not in line with the way the Constitutional Court of BiH operates, which is based on the 'principle of requests'!.

Muharem Cero, an expert on state property, pointed out that at today's press conference after the meeting with Escobar, Milorad Dodik did not only utter this untruth about resolving the status of state property in the specific case of Brčko District for manipulative purposes, but for manipulative purposes, addressing primarily uninformed citizens of RS, but above all his voter base, and possibly a less informed part of the diplomatic community in BiH, he also made false claims that the Federation of BiH, with its valid legal solution, has established ownership of forests and forest land within the jurisdiction of the Federation.

"This is not the first time that Milorad Dodik manipulates, distorts, and falsely states not only legal solutions but even arbitrary constitutional interpretations of Annex 4, always and exclusively within the discourse of the agenda of a composed state.

This entire manipulation is precisely a challenge and disregard of the constitutional principle of state continuity of BiH from Article I/1 of Annex 4 of the Dayton Peace Agreement, while preferring the concept of a composed state, which he has diligently defended by imposing the possibility of its acceptance. The years-long wrong growth is finally collapsing, and therefore it hurts," said Cero.

He adds that it is scandalous for BiH if Dodik tried to deceive even Escobar with such a story.