Komšić: Strasbourg rulings refute HNS's manipulations of BiH Constitutional Court decisions

SARAJEVO, (Patria) - If certain political actors in Bosnia and Herzegovina continue to block the implementation of the European Court of Human Rights rulings from Strasbourg in the Sejdić-Finci, Zornić, Pilav and Šlaku cases, they would certainly become the main obstacles to Euro-Atlantic integration, especially the part concerning BiH's potential membership in the European Union, said BiH Presidency member Željko Komšić for the Patria news agency.

He states that the four rulings of the European Court of Human Rights from Strasbourg, which found systemic discrimination in the BiH Constitution and the BiH Election Law, are almost entirely contrary to the decision of the BiH Constitutional Court in the Božo Ljubić case, and that it is very difficult to reconcile these two legal situations, as they are completely different in their merits, to such an extent that they potentially refute or exclude each other, for two reasons.

"The four rulings from Strasbourg mostly concern the election of the BiH Presidency member, while the BiH Constitutional Court's decision in the 'Ljubić' case exclusively concerns the filling of the House of Peoples of the FBiH, as that is what the appellant requested, meaning the election of the members of the BiH Presidency was not considered in that decision," Komšić says.

The idea of so-called "legitimate representation", Komšić said, is only partly a manipulative interpretation of the BiH Constitutional Court's decision, whereby, in the opinion of the BiH Presidency member, an artificial atmosphere has been created about the need for changes in the way one political group sees it, "which would distance us from any further European path."

"The truth is quite different. The essence is relatively simple. By signing or ratifying the European Convention for the Protection of Human Rights and Fundamental Freedoms and incorporating it into the BiH Constitution, Bosnia and Herzegovina committed to giving this international act precedence over all domestic laws, which certainly includes the BiH Election Law. More precisely, the four rulings of the European Court of Human Rights from Strasbourg must be implemented first, which imperatively requires changes to the BiH Constitution, and then, based on that new constitutional solution, it is necessary to amend the BiH Election Law. That would be the correct sequence of steps," Komšić explains.

"Therefore, it is very important, as I often repeat in meetings with representatives of the international community, that the European Union and all its member states must not abandon European values and norms when it comes to Bosnia and Herzegovina, because creating such a potential precedent would mean directly undermining the foundations of the European Union."

"I am sure that the Brussels administration of the European Union knows this very well, just as European institutions know it, and it is certain that the EU member states also know it. I believe this will also be announced through the European Commission's opinion on Bosnia and Herzegovina's candidate status," said BiH Presidency member Željko Komšić.

He stated that for the sake of European norms, values, and standards, it is very important to persevere in the fight against all discriminatory provisions of the BiH Constitution and the BiH Election Law, as well as against policies that would introduce new and additional forms of discrimination to existing discrimination, such as, for example, establishing unequal value of votes in elections in Bosnia and Herzegovina, which is advocated by certain political currents, primarily the so-called HNS.

"If something like that were to pass, it would mean the end of the European path for Bosnia and Herzegovina, hence my statements that the entry into procedures for forming the government is inspired by the desire to stop such ideas about potential amendments to the BiH Election Law that would contain any form of discrimination and violation of fundamental human rights. On the contrary, I advocate for the adoption of the entire European legal acquis and its incorporation into the domestic legislation of Bosnia and Herzegovina, which certainly includes the BiH Election Law. This is a principle worth fighting for politically," Komšić concluded.