Where have the pro-Bosnian parties disappeared to when they are most needed: Another "Trojka" compromise

By Slaven Kovačević

My intention is not to bore the public by repeating the same story in the public space about the "Kovačević" judgment, on the contrary. I certainly think I have said enough about it. I am fighting my own battle, with a pure heart and a clear conscience, although it should be a battle for all those who love Bosnia and Herzegovina, but it seems that is not quite the case.

I have not previously referred to the "Trojka" or this government or any previous government, I have not drawn parallels, saying someone is a "traitor" and someone else a patriot, because I view every government through those who hold power, and as a citizen of this country, I form my own judgment about it.

In the specific issue, that the chairperson of the Council of Ministers, unilaterally, outside the Law on the Council of Ministers and outside the decision of the Council of Ministers, informs an international court about anything, which is contrary to Articles 28-31 where the competencies/responsibilities of the chairperson are clearly prescribed and none of them is unilateral decision-making.

I expected some ministers, and even the deputy chairperson, to send information to the European Court of Human Rights that the letter from Chairperson Krišto, by which she allegedly legalizes the status of acting agents, is not the stance of the Council of Ministers, which has never decided on it, because decision-making in that body is collective and clearly prescribed by law and rules of procedure.

This means that the Council of Ministers has no stance on the status of acting agents, who, according to the Rules of the European Court, must have a power of attorney for each case and each procedure, individually. But these ministers and the deputy chairperson did not do that. And they should have. For the sake of Bosnia and Herzegovina, especially its chance to build itself into a modern democratic country through the "Kovačević" judgment.

Perhaps fulfilling Čović's wishes for "legitimate representation" within an electoral system that usurps democracy and is neither democratic nor European standard is more important to them than Bosnia and Herzegovina being a normal, democratic country (exactly the same thinking as regarding the efforts to elect Vukoja to the Constitutional Court of Bosnia and Herzegovina, because it is supposedly some compromise or expression of good partnership will, regardless of the fact that it could be harmful to Bosnia and Herzegovina).

To make matters even more interesting, the constitutional competence of the Presidency of Bosnia and Herzegovina is to appoint all international representatives (Article V/3b), including those before international courts. Do you remember that famous "Softić" case and his lack of active legitimacy when filing an appeal with the International Court of Justice in The Hague? Who appointed him then and made the decision on the power of attorney/active legitimacy?

That was the Presidency of Bosnia and Herzegovina. At that time, everyone, in unison, attacked those who sent the unfortunate Softić without active legitimacy, declaring some who sent Softić in vain and without power of attorney as traitors. Now, these same people, in the same matter of problematizing the active legitimacy of individuals before the European Court of Human Rights, are shifting responsibility from one to another, and they used to call others traitors who sent Softić without active legitimacy.

Where this falls under the competence of the Council of Ministers is a separate question, but as long as it is the case, then the members of that same Council of Ministers should approach these matters a little more carefully. Very consistent and pro-Bosnian, indeed. I will continue my fight, alone, as I started it, and let the public judge the actions of the current government and its representatives.