Mijatović asked, the Constitutional Court of the FBiH replied: Revenue from fines on the Corridor Vc highway belongs to cantonal budgets

(Patria) - Deputy Prime Minister of the FBiH and Minister of Development and Entrepreneurship Vojin Mijatović submitted a request to the Constitutional Court of the FBiH seeking the Court's opinion on whether it is in accordance with the FBiH Constitution that fines imposed for traffic violations on the Corridor Vc highway section are paid into cantonal budgets instead of the budget of the Federation of Bosnia and Herzegovina.

„Is it, in accordance with the Constitution of the Federation of Bosnia and Herzegovina, the Law on Roads of the Federation of Bosnia and Herzegovina ("Official Gazette of the FBiH", nos. 12/10, 16/10 and 66/13, hereinafter: the Law on Roads), the Law on the Corridor Vc Highway, the Law on Federal Ministries and Other Bodies of Federal Administration ("Official Gazette of the FBiH", nos. 58/02, 19/03, 38/05, 55/06, 8/06 and 61/06), the Law on Property Rights ("Official Gazette of the FBiH", nos. 66/13 and 100/13), the Law on the Basics of Road Traffic Safety in Bosnia and Herzegovina ("Official Gazette of BiH", nos. 6/06, 75/06, 44/07, 84/09, 48/10, 18/13, 8/17, 89/17, 9/18, 46/23 and 88/23), that fines imposed using stationary radar devices for traffic violations committed on the Corridor Vc highway section, which is an infrastructure facility of importance for the Federation of Bosnia and Herzegovina and falls under the competence and management of federal institutions, are paid into cantonal budgets instead of the budget of the Federation of Bosnia and Herzegovina?

“Is it, given the legal status, functional role and fiscal competence of the Corridor Vc highway as a facility of federal importance managed by federal institutions, a legal obligation that revenues from fines issued using stationary radar devices on the Corridor Vc highway be paid into the budget of the Federation of Bosnia and Herzegovina?”, Mijatović stated in his request.

At the session of the Constitutional Court of the FBiH on May 6, an opinion was adopted that “revenues from fines collected under the Law on the Basics of Road Traffic Safety in Bosnia and Herzegovina ("Official Gazette of BiH", nos. 6/06, 75/06, 44/07, 84/09, 48/10, 18/13, 8/17, 89/17, 9/18, 46/23 and 88/23), through the use/employment of stationary radar devices installed by cantonal administration authorities on the Corridor Vc highway, belong to the budgets of the cantons”.

In the explanation of the Opinion, the Constitutional Court of the Federation of BiH established that from the legal solutions it clearly follows that stationary radar devices, as technical equipment (systems for monitoring and measuring speed), are not installed by private companies nor by the road manager itself, in this case specifically Autoceste FBiH, but are installed and maintained by the traffic police authority, i.e., the cantonal police which is responsible for regulating and controlling traffic, in cooperation with the road manager to increase traffic safety.

“Therefore, the ministries of interior of the cantons in the Federation of Bosnia and Herzegovina prepare a study and organize the placement of radars on certain highway sections, based on risk assessment and traffic accidents. According to the aforementioned legal framework, speed limits are a legal obligation and a prerequisite for traffic safety, and the cantonal police have the legal authority and duty to conduct control and regulate traffic.

Also, it is undisputed that the Federation of Bosnia and Herzegovina, through the manager Autoceste FBiH, is the only authorized entity to manage the Corridor Vc highway, and to ensure the infrastructural safety of traffic on it, through construction, reconstruction and maintenance.

However, direct traffic control under the existing legislative framework is carried out by cantonal ministries of interior, i.e., cantonal police administrations, which, among other things, do so by placing stationary radar devices that control vehicle speed and serve as evidence for issuing misdemeanor warrants, and ultimately for imposing misdemeanor sanctions - fines as public revenue”.

From the Constitutional Court of the FBiH, they also state that the amount of fines, including fines related to traffic violations, is prescribed by substantive regulations, the affiliation of fines is determined by the Law on the Affiliation of Public Revenues in the Federation of Bosnia and Herzegovina ("Official Gazette of the FBiH", nos. 22/06, 43/08, 22/09, 35/14, 94/15 and 17/22), and the method of payment is prescribed by the Rulebook on the Method of Payment, Affiliation and Distribution of Public Revenues in the Federation of Bosnia and Herzegovina ("Official Gazette of the FBiH", nos. 54/20, 55/20, 63/20, 88/20, 28/21, 56/21, 83/21, 1/22, 34/22, 57/22, 76/22, 93/22, 94/22, 10/23, 37/23, 81/23, 23/24 and 29/25).

“Bearing in mind that the general rules of vehicle speed and its limitations are defined by the Law on the Basics of Road Traffic Safety in Bosnia and Herzegovina, and that operational control and regulation of traffic is carried out by cantonal internal affairs bodies and that they issue misdemeanor warrants based on speeding recorded by radar devices, it can be concluded that revenues generated from the collection of fines via stationary radar devices on the Corridor Vc highway belong to the budgets of the cantons, i.e., to those competent authorities that carry out operational control of traffic safety and on that basis collect public revenues”, the Opinion states.