HDZ WANTS MIJIĆ IN STRASBOURG AT ALL COSTS Pendeš, by inciting Hurtić, committed a criminal offense herself!

By: A. Čorbo-Zećo

How far the HDZ is willing to go in protecting (un)European values and (un)European standards, which they alone call "legitimate political representation of the constituent peoples" is evident from the latest delegate question posed by Marina Pendeš, an HDZ delegate in the House of Peoples of the BiH Parliamentary Assembly, without electoral legitimacy, as she did not secure a representative mandate for which she ran in the elections.

Pendeš thus asked the relevant Minister of Human Rights and Refugees, Sevlid Hurtić, why he canceled the travel order for Monika Mijić, whose seventh term as acting agent of the Council of Ministers before the European Court of Human Rights has now clearly expired.

It is also known that according to the Law on Administration, this is limited to a maximum of two terms. The answer is very simple, as Patria has previously written about, and it is also found in the delegate questions of Jasmin Emrić and Milan Dunović, when the Office for Legislation clearly stated two things.

First, that the mandates of all acting officials, including acting agents of the Council of Ministers before the European Court of Human Rights, are time-limited and that they only produce legal effect during the duration of that time-limited mandate.

And second, as the Office for Legislation clearly and unequivocally states, that an act of lower legal force (conclusion) cannot replace an act of higher legal force (decision), because that would be illegal, which is precisely what the Council of Ministers did at its 56th session on July 18, 2024, thus attempting to illegally extend the expired mandates of acting agents of the Council of Ministers before the European Court of Human Rights.

The question also arises here whether the part of the government that calls itself the Troika is aware of these legal provisions and procedures, because apparently they, or at least some of them, voted for such a conclusion, which is an act of lower legal force, attempting to replace a "decision" as an act of higher legal force.

Whether this is due to their ignorance or intent remains unknown. However, there is another problem. According to the Law on the Council of Ministers, every act that goes to the Council of Ministers must have the appropriate opinion of the Office for Legislation, which was not the case in the specific instance of adopting the disputed conclusion, and the Office for Legislation explicitly states this.

Bearing all this in mind, it is entirely correct that the relevant Minister of Human Rights and Refugees, Sevlid Hurtić, did not sign Monika Mijić's travel order, because the extension of her, now seventh, mandate is clearly illegal, just as it would be illegal for him to sign a travel order for any person whose mandate has expired or who has not been appointed in accordance with existing laws.

On the other hand, delegate Pendeš should also be aware of the provision of Article 30 of the Criminal Code of Bosnia and Herzegovina, which states:

"Whoever intentionally incites another to commit a criminal offense shall be punished as if they had committed it themselves."

With her delegate question, which falls outside the jurisdiction of the House of Peoples of the BiH Parliamentary Assembly, Marina Pendeš has committed the criminal offense of incitement.

In this regard, it is clear that Pendeš is committing the criminal offense of inciting another to commit a criminal offense, and that immunity cannot protect her, because this is not about the usual work within the jurisdiction of the House of Peoples of the BiH PA.

In practical terms, this can only mean two variants: either Minister Hurtić himself will commit the criminal offense to fulfill the HDZ's wishes and be held responsible, or, as he has already done, he will refuse to commit the criminal offense by not signing travel orders for illegally appointed persons, but then the criminal responsibility will fall on Marina Pendeš for inciting another to commit a criminal offense.

The fact that the Council of Ministers does not have agents in mandate whose activity can produce legal effect is the problem of that Council of Ministers, which ultimately could mean that no one will appear in Strasbourg on behalf of the Council of Ministers, because there is no person who currently has legal and active legitimacy for representation.

We remind you once again that due to the illegal appointment of Monika Mijić, who was appointed acting official more than twice contrary to the Law on Administration, delegate Zlatan Begić filed a criminal complaint against the Council of Ministers (we do not know if the members of the Troika are even aware of this), which can be further expanded by Marina Pendeš's actions.

Incidentally, Pendeš has yet to answer the question of how moral it is to change the ethnic affiliation of her boss, Dragan Čović, who at one time declared himself a Yugoslav (as reported by various media), presumably expecting the JNA to win and for him to be part of that team, but since that did not happen, Čović overnight became a great Croat.

Such moral verticals, as Pendeš presents herself, push others into committing criminal offenses so that they remain protected, all with the aim of making Bosnia and Herzegovina a mockery of democracy.