No session of the ESC held, the FBiH Government fails to fulfill its obligations, the decision on the minimum wage is legally null and void

(Patria) - Admir Čavalić, a deputy of the Party for Bosnia and Herzegovina in the Federal Parliament, published the response he received from the Economic and Social Council for the territory of the FBiH, in which it is stated that the ESC did not hold a single session during 2023.

ESC President Edhem Biber states in his response that he tried to convene a constitutive session, and that the Union and employers expressed willingness to attend, but that the FBiH Government, led by Nermin Nikšić, did not even respond to the invitation.

The ESC warns that several invitations were sent to the Government, but that the ESC session was not held, and that this represents a violation of the Agreement on the Establishment of the ESC, even though it is stipulated that the constitutive session must be held no later than 30 days after the formation of the government.

We remind you that the new FBiH Government was elected at the end of April 2023.

The ESC also reminds that it is clearly defined that certain legal solutions in the areas of economic, social and development policy must be discussed at the sessions of the ESC for the territory of the FBiH.

“All legal and bylaw solutions that do not go through this formal procedure are subject to being overturned at the Constitutional Court of the FBiH due to procedural errors. The latest example of non-compliance with the Labor Law is the publication of the Decision on the minimum wage in the FBiH for 2024, where the Government did not consult the ESC at all. Such a legal act, due to the mentioned procedural omission, is legally null and void, and the Constitutional Court of the FBiH, if someone files an appeal, will annul it without any discussion,” they state in the response.

They further state that the Government misled the public because there were no consultations with the ESC.

Why are the sessions of the Economic and Social Council in the FBiH not being held? I just received the answer to this question 👇 pic.twitter.com/eoHeyeLdEl

— Admir Čavalić (@AdmirCavalic) January 10, 2024