Nikšić explains to Čavara the constitutional and legal framework of the FBiH and his competences

Prime Minister of the Federation of Bosnia and Herzegovina Nermin Nikšić, in accordance with the authorisation of the Government from its 153rd session, sent a letter to the President of the FBiH Marinko Čavara, reports the news agency Patria.

We publish Nikšić's letter in its entirety.

Dear Sir,

 I wish to inform you hereby that at the 153rd session of the Government of the Federation of Bosnia and Herzegovina, held on 25 February 2015 in Mostar, the Government of the FBiH was acquainted with your act of 20 February 2015,  and following the discussion, authorised me to send you a response to the aforementioned act.

 Bearing in mind that by the said act, among other things, you

“…ordered the Government of the FBiH and other executive authorities to immediately cease all decision-making activities not necessary for the functioning of the Federation of BiH, until the constitution of a new executive body of government..”, I take this opportunity to attempt to explain to you some facts related to the constitutional and legal order of the Federation of BiH.

Firstly, I believe you have not fully grasped the meaning of the provision of Article IV.B.1 of the Constitution of the Federation of BiH, which in paragraph 1 prescribes that “The President of the Federation represents and acts on behalf of the Federation and is the head of the federal executive authority.”, and which you invoked as the legal, i.e. constitutional basis for issuing the said order. The provision of Article IV.B.1 of the Constitution of the Federation of BiH acquires its constitutional and legal meaning only when viewed together with other provisions of the Constitution of the Federation of BiH, which decisively prescribe all the competences and powers of both the President and the Government of the FBiH.

 The Constitution of the Federation of BiH and numerous laws very clearly, precisely and exhaustively prescribe the powers of both executive authorities. There is not a single constitutional or legal provision that allows one to interfere with the other in the exercise of these competences. Therefore, it is quite clear that the President has no right to suspend activities prescribed by the Constitution and law as competences of the Government, or any other executive body. Just as neither the Government, nor any other executive authority has the right to interfere with and attempt to suspend any constitutional or legal competence of the President of the FBiH. Any such attempt constitutes a gross violation of the Constitution and laws of the Federation of BiH.

One of the fundamental competences of the President of the FBiH is precisely the appointment of the Government of the Federation of BiH in a clearly prescribed procedure. Therefore, instead of having evidently exceeded your powers, I most well-intentionally suggest that you use what under the Constitution you not only can, but are obliged to do, and appoint a new composition of the Government of the Federation of BiH. In this way, you will resolve, in a democratic and, above all, constitutional and lawful manner, any possible disputes you believe you have with the Government of the Federation of BiH. To be perfectly clear, the Government of the Federation of BiH will not act unlawfully and unconstitutionally no matter who demands it, even if it is the President of the Federation of BiH.

In addition to the clearly prescribed constitutional competences of all government bodies, I wish to remind you that all of us who hold positions within these government bodies have a responsibility to do our jobs as best and as honourably as we can. This is an obligation of all of us towards the citizens of the FBiH, in whose service we are. When someone orders the Government to cease its regular activities, the ones harmed by this are the citizens, because the tasks that are the legal and constitutional obligation of the Government of the FBiH are not being performed.

The members of the Government of the FBiH are deeply aware of their current position in the context of the held general elections and the parliamentary majority established thereafter. We do not wish in any way to hinder the start of work of the new Government, but we also cannot in any way influence its formation. That responsibility now rests primarily with you, because it is your constitutional competence, but also a political obligation you accepted by being elected to the position you hold. I call upon you to appoint the Government of the FBiH as soon as possible, which will take over responsibility for the further management of this entity, and in the meantime, not to attempt to stop the work of the Government of the FBiH, which must perform its duties for the sake of the citizens of the FBiH – it is stated in Nikšić's letter.