NO MORE SHOUTING, NOW ATTACKING: "Osamorka" partner Milorad Dodik and SNSD will try to seize state property in the NSRS again

SARAJEVO, (Patria) - The National Assembly of Republika Srpska will hold a special session on Tuesday, December 27, where it will also consider the long-announced Bill on the Property of Republika Srpska.

Let's recall, the previously passed law was suspended by High Representative Christian Schmidt, who asked the Constitutional Court of BiH to make a decision. The Constitutional Court of BiH then invalidated the law at the time.

It is emphasized that the new law, officially titled the Bill on Immovable Property Used for the Functioning of Public Authorities, needs to be passed as a matter of urgency because "failure to pass the law as a matter of urgency could cause harmful consequences for the work of public authorities and the inability to carry out tasks within their jurisdiction".

Article 6 states that there is a constitutional basis for passing this law, and it is regulated by "Amendment XXXII, points 6) and 18) to Article 68 of the Constitution of Republika Srpska, which stipulates that the Republic regulates and ensures, among other things, property and obligation relations and the protection of all forms of property, and by Article 70, paragraph 1, point 2 of the Constitution, which stipulates that the National Assembly passes laws, other regulations, and general acts".

"This law regulates the ownership of immovable property that serves as a means of exercising and implementing public authority and which is used by entities exercising that authority since the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina, and which is registered in public real estate records, for which the Republican Administration for Geodetic and Property-Legal Affairs is competent, as the property of those entities. The proposed legal solution does not regulate the ownership of immovable property that was registered in public real estate records, for which the Republican Administration for Geodetic and Property-Legal Affairs is competent, as property with the right of disposal or management of the former Socialist Republic of Bosnia and Herzegovina until December 31, 1991", the Bill states.

"Reasons for Adopting the Law" Also Refer to Roman Law

It is emphasized that "the reasons for adopting this law arise from the fact that the Constitution of Bosnia and Herzegovina carried out the division of public authority between entities and BiH institutions, and the Constitution of Republika Srpska, Amendment XXXII, points 6) and 18) to Article 68 of the Constitution of Republika Srpska, stipulates that Republika Srpska regulates and ensures, among other things, property and obligation relations and the protection of all forms of property, but that no law has been passed that precisely defines immovable property used for the functioning of public authorities".

"When talking about the functioning of public authorities, since Roman law, theory distinguishes between ius publicum and ius privatum. Ius publicum Roman law defines as 'quod ad statum rei Romanae spectat', meaning norms that serve the public interest, while ius privatum defines as 'quod ad singulorum utilitatem spectat', meaning norms intended for the benefit of individuals. Considering that things, in this case immovable property, intended for public benefit and which, for the purpose of achieving that intention, are given for management, disposal, and use to bodies, i.e., entities determined by the Constitution to achieve the public interest and which directly manage them, it was necessary to determine the titleholder of that property. This is especially important because these real estate properties, partly used for activities and partly representing potential for economic development, both for the Republic and for local self-government units and all citizens as a whole. One of the bases for achieving economic development through the use of these real estate properties is the management of that property. This means that the basis for managing the subject real estate properties is accurate records of the right and the holder of the right to that immovable property. Accurate determination of the right holder allows for the inventory of that property, determination of data on past disposals, prediction of future disposals (lease, rent, concession, etc.), adoption of a plan for purchasing new assets, determination of the financial resources necessary for the implementation of management plans, etc., and all of this forms the basis for public authorities in Republika Srpska to apply a new discipline in law, which has developed worldwide into a new branch of law, namely economic analysis of law", it is stated.

On the Constitutional Court of BiH, the Venice Commission...

"Considering all of the above, the positions of the Constitutional Court of BiH were also taken into account, stating that 'state property' is characterized by the public-legal nature of the relations of entities and the use of that property, as its titleholder. This property includes movable and immovable property in the hands of public authorities, which serves the exercise of that authority, or which represents the means of implementing public authority, and therefore is closely linked to the territorial jurisdictions of public authorities, which the BiH Constitution divided between entities and BiH institutions. Furthermore, the positions of the Venice Commission were also taken into account, stating that BiH, as well as entities, must own and dispose of some 'state property' to fulfill their primary functions. Article 3 of the BiH Constitution, which stipulates the exclusive jurisdiction of BiH institutions, excluded the regulation of property relations from BiH's jurisdiction, and Article 4 gave entities the jurisdiction to regulate these relations. Republika Srpska has never consented to expand the jurisdiction from Article 3 of the BiH Constitution regarding property relations. Likewise, the Succession Agreement regulates the division of property of the former SFRY (state property) among the former republics of SFRY, and the division of that property on the territory of BiH is regulated by the BiH Constitution and the constitutions of the entities. Also, this law does not regulate the ownership of immovable property that is in public real estate records, for the management and maintenance of which the Administration is competent, and which was registered until December 31, 1991, with the right of disposal or management of the former Socialist Republic of Bosnia and Herzegovina", the Bill states.

Republika Srpska has so far attempted to seize property from Bosnia and Herzegovina four times. These laws, in whole or at least in part, were overturned by the Constitutional Court.

The court stated each time that this property falls under the exclusive jurisdiction of BiH.

It will be interesting to see how the SDP deputies will vote, given the coalition between SNSD and Dodik.