New Law on the Constitutional Court of BiH Submitted to Procedure

(Patria) - Delegate in the House of Peoples of BiH Želimir Nešković has submitted to procedure the Law on the Constitutional Court of BiH, which defines the termination of the mandate of foreign judges in the Constitutional Court of BiH.

The document, delivered to the Speaker of the House of Peoples of BiH, Nikola Špirić, defines the composition, election, organization, jurisdiction, decision-making method, and other matters concerning the work of the Constitutional Court of Bosnia and Herzegovina. Most notably, the law stipulates that the Constitutional Court shall have nine judges, all of whom are citizens of BiH, according to the SDS statement.

“The House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina elects six judges, and the National Assembly of Republika Srpska elects three judges. From among one constituent people of Bosnia and Herzegovina, a maximum of three judges may be elected,” reads the Draft Law proposed by Nešković in the House of Peoples.

Furthermore, regarding decision-making, it is stipulated that “the Constitutional Court decides by a majority vote of all judges, which includes at least one vote from a judge belonging to each constituent people of Bosnia and Herzegovina and from one entity, when deciding in disputes arising under the Constitution between two entities, or between BiH and one or both entities or the Brčko District and institutions of BiH and the entities, or between institutions of Bosnia and Herzegovina, which includes, but is not limited to, the following issues:

A) Whether a decision of an entity to establish special parallel relations with a neighboring country is in accordance with the Constitution, including provisions relating to the sovereignty and territorial integrity of Bosnia and Herzegovina,

B) Whether any provision of a constitution or law of an entity is in accordance with the Constitution.”

Regarding the replacement of judges elected by the President of the European Court of Human Rights, “it is stipulated that the House of Representatives of the Federation of BiH shall elect two judges, and the National Assembly of Republika Srpska shall elect one judge to take over the function from the current three foreigners.”

“Judges elected by the President of the European Court of Human Rights shall remain in office as judges until the completion of the election procedure for judges under paragraph (1) of this Article, but for a maximum of six months from the date of entry into force of this Law. The Constitutional Court shall continue to operate without judges elected by the President of the European Court of Human Rights if the procedure for electing new judges is not completed within six months from the date of entry into force of this Law,” reads the Draft Law, as announced by the SDS.