Izetbegović filed a request with the Constitutional Court of BiH to resolve a constitutional-legal dispute with RS

Member of the BiH Presidency Bakir Izetbegović filed a request with the Constitutional Court of BiH to resolve a constitutional-legal dispute with the entity of Republika Srpska due to the decision to call an entity referendum, which was adopted by the National Assembly of Republika Srpska on July 15, 2016.

The dispute was caused by the violation of the constitutional-legal jurisdiction of Bosnia and Herzegovina, i.e., the violation of the obligation of the entity of Republika Srpska to respect the BiH Constitution, in relation to the final and binding nature of the decisions of the Constitutional Court of BiH within the meaning of Article VI/5 of the BiH Constitution, and the principle of the rule of law and democratic order within the meaning of Article I/2 of the BiH Constitution.

The BiH Constitution is superior to all legal acts of the entity of Republika Srpska within the meaning of Article III/3.b) of the BiH Constitution. The Constitutional Court of BiH, in its final and binding decision number U-3/13, concluded that "January 9" cannot be designated as the Day of Republika Srpska. Therefore, the disputed decision of the National Assembly of Republika Srpska and the procedure for its implementation violate the BiH Constitution and binding international law for Bosnia and Herzegovina. The protection of both these aspects of the constitutional-legal system and order of Bosnia and Herzegovina is the primary obligation of the state institutions of Bosnia and Herzegovina.

Member of the BiH Presidency Bakir Izetbegović therefore requested the Constitutional Court of BiH to determine that the disputed decision of the National Assembly of Republika Srpska is contrary to Article I/2 and Article VI/5 of the BiH Constitution and to annul it, as well as to oblige the National Assembly of Republika Srpska to undertake all activities that will annul all decisions and activities based on that decision of the National Assembly of Republika Srpska.

Member of the BiH Presidency Bakir Izetbegović requested the Constitutional Court of BiH to issue a temporary measure suspending the application of the disputed decision of the National Assembly of Republika Srpska until the final decision of the Constitutional Court of Bosnia and Herzegovina on his request.