Can the CEC of BiH certify the participation of SNSD in elections if Dodik remains its leader?

Written for NAP by: Dr. Amir Šelo, legal expert

Milorad Dodik has been found guilty by a final verdict of the Court of BiH and sentenced to one year in prison, with a security measure banning him from performing the duties of the President of Republika Srpska for six years.

Given the finality of the verdict, the legal consequences of the conviction under Article 203.a of the Criminal Code of BiH also take effect, namely:
- termination of official duty and termination of employment;
- prohibition from performing official duties in legislative, executive, judicial, administrative or any body wholly or partially financed from public funds;
- prohibition from acquiring official duties in legislative, executive, judicial, administrative or any body wholly or partially financed from public funds.

If a linguistic interpretation of Article 203, paragraph (5) of the Criminal Code of BiH is applied, it is indisputable that this provision also refers to the provision of Article 114 of the Criminal Code of BiH. Article 114, paragraph (2), point a) of the Criminal Code of BiH stipulates that the legal consequences of a conviction include the prohibition of acquiring certain rights, including "prohibition from performing certain jobs or functions in government bodies, companies or other legal entities." Article 2 of the Law on Financing of Political Parties ("Official Gazette of BiH" no. 95/12, 41/16) stipulates that for the purposes of this Law, political parties are considered organizations in which citizens freely and voluntarily organize themselves to participate in elections and, in accordance with the law, register with the competent court in any entity, with the aim of conducting political activities and achieving political goals. Accordingly, a political entity or political party is a legal entity to which the provision of Article 114, paragraph (2), point a) of the Criminal Code of BiH can be directly applied.

Article 7, paragraph (1) of the Law on Financing of Political Parties ("Official Gazette of BiH" no. 95/12, 41/16) stipulates that funds for financing political parties, i.e., coalitions of political parties and independent candidates represented in the Parliamentary Assembly of BiH and parliamentary groups, i.e., clubs of deputies and delegates in the Parliamentary Assembly of BiH, are provided in the budget of the institutions of BiH and international obligations of BiH.

It is evident that state law prescribes the financing of political parties from the budget of BiH institutions, and the political entity Alliance of Independent Social Democrats (SNSD) is represented in the Parliamentary Assembly of BiH.

If a logical or systematic interpretation of Article 1 of the High Representative's Decision of April 24, 2025, which suspends all payments of budget funds for the purpose of financing political parties for SNSD and United Srpska, is applied, it is indisputable that it stipulates that payments to these political entities are "suspended." Paragraphs 3, 4, and 5 of Article 1 of the same Decision prescribe the term "suspension," not "cessation" of financing from public funds. Of course, the only authority to interpret this Decision in this case is the High Representative for BiH.

Regardless of the fact that the National Assembly of Republika Srpska adopted a new Law on Financing of Political Organizations ("Official Gazette of Republika Srpska" 45/25), whose Article 2 prescribes the method of financing political entities represented in the National Assembly of Republika Srpska, this law did not abolish the financing of deputy and delegate clubs in the National Assembly of Republika Srpska. Namely, Article 8 of this Law stipulates that financial resources to cover the costs of deputy and delegate clubs, within the scope of competence of the National Assembly of Republika Srpska and the Council of Peoples of Republika Srpska, are provided in the budget of Republika Srpska.

The Court of BiH, in its press release of August 1, 2025, on the legal consequences of the verdict in the case of Milorad Dodik et al., clearly indicated that "the legal consequences of the conviction, which are specifically contained in Article 203.a, paragraph 5, points a), c) and d) of the Criminal Code of BiH, take effect by force of law and obviously encompass a broader aspect of the prohibition of activity than that contained in the security measure itself."

Accordingly, through a teleological interpretation of the provisions of Article 203.a, paragraph (5) and Article 114, paragraph 2, point a) of the Criminal Code of BiH, Milorad Dodik could not remain the president of the political entity because, in accordance with Article 113 of the Criminal Code of BiH, the legal consequences of the final verdict of the Court of BiH take effect by force of law.

In accordance with Article 1.10 and Article 2.9 of the Election Law of BiH, the Central Election Commission of BiH makes a decision on the termination of the mandate of an elected official at all levels of direct and indirect elections in BiH covered by the Election Law of BiH. Therefore, it is not within the competence of the Central Election Commission to make a decision on the termination of the mandate of the president of any political entity in BiH.

Nevertheless, bearing in mind the legal consequences of the final verdict of the Court of BiH in the case of Milorad Dodik, the question arises as to how he, as president, will be able to sign, on behalf of the political entity SNSD, a statement that it will, through its activities, adhere to the General Framework Agreement for Peace in BiH. Namely, the provision of Article 1.13 of the Election Law of BiH stipulates that the application for certification for participation in elections includes a statement signed by the president of the political entity that the political entity "will, through its activities, adhere to the General Framework Agreement for Peace in BiH."

In this context, the Central Election Commission of BiH bears great responsibility to determine whether it will be able to accept the application for participation of the political entity SNSD in the early elections for the President of Republika Srpska and the subsequent General Elections in 2026 if the president of that political entity remains Milorad Dodik, a person who has been finally convicted for failing to implement the decisions of the High Representative for BiH.