Inzko: Draft Declaration of the RS National Assembly Contrary to Fundamental Provisions of the Dayton Agreement

High Representative Valentin Inzko today called on deputies in the National Assembly of Republika Srpska to demonstrate commitment to the Dayton Peace Agreement by refraining from adopting a declaration that denies the authority of the Constitutional Court of Bosnia and Herzegovina, reports the Bosnian news agency Patria.

The draft declaration, which is to be considered at tomorrow's session of the RS National Assembly, is particularly concerning because it expresses an intention not to implement the upcoming decision of the Constitutional Court in a case concerning the RS Law on Holidays, as well as to review earlier decisions of the Constitutional Court of BiH. This directly violates the Constitution of BiH, contained in Annex 4 of the Dayton Peace Agreement, which explicitly states that decisions of the Constitutional Court of BiH are “final and binding”.

Furthermore, the draft declaration represents a direct challenge to the independence of the Constitutional Court of BiH, insofar as it constitutes an unacceptable attempt by the RS National Assembly to exert political pressure on the court in deciding a specific case.

Such actions raise serious questions regarding the readiness of the RS authorities to respect the fundamental principles of the rule of law, which lies at the very heart of the BiH Constitution and the Dayton Peace Agreement. 

The Constitutional Court is the only institution of Bosnia and Herzegovina capable of resolving disputes between BiH institutions and different levels of government, and it has contributed significantly to the implementation of the Dayton Peace Agreement and the advancement of the rule of law in Bosnia and Herzegovina.

The international community has repeatedly reminded the authorities of their constitutional obligation to implement all decisions of the Constitutional Court. Respect for the rule of law and adherence to the provisions of the Dayton Agreement, particularly the constitutional and legal framework of Bosnia and Herzegovina, is a prerequisite for the stability and development of Bosnia and Herzegovina.