ON THE LAW IN RS Constitutional Court of BiH decided: The territory is state property!

SARAJEVO, (Patria) - The Constitutional Court of Bosnia and Herzegovina held its regular, 117th plenary session yesterday and today, at which it considered appeals and requests for constitutionality assessment.

In case number U 8/19, the Constitutional Court ruled on the request of seven delegates of the Council of Peoples of the Republika Srpska for an assessment of the constitutionality of Article 53 of the Law on Agricultural Land of the Republika Srpska, which stipulates that the agricultural land in question, which by its nature is public property, i.e., state property, becomes the property and possession of the Republika Srpska by force of law. 

The Constitutional Court determined that the contested provision is contrary to Article I/1, Article III/3.b), and Article IV/4.e) of the BiH Constitution because it concerns the exclusive competence of BiH in regulating matters of state property.

The disputed Article 53 of the Law reads: 

“(1) Agricultural land within the territory of the Republic registered in public records as public property, without registered rights of use, management, or disposal, social, i.e., state property with the right of use, management, or disposal for the benefit of companies that were subject to privatization or registered as the possession of such companies, shall, upon the entry into force of this Law, become the property and possession of the Republic by force of law.
(2) Agricultural land within the territory of the Republic registered in public records as public property, without registered rights of use, management, or disposal, social, i.e., state property with the right of use, management, or disposal, or as the possession of former social-legal entities based outside the territory of the Republic, shall, upon the entry into force of this Law, become the property and possession of the Republic by force of law.
(3) The administrative body responsible for maintaining public real estate records shall register the right of ownership and possession of the real estate referred to in paragraphs 1 and 2 of this Article upon the request of the Legal Protection Service of the Republika Srpska.
(4) For real estate referred to in paragraphs 1 and 2 of this Article for which there is no ownership record, but which is registered as the possession of former social-legal entities or is registered in the cadastre as the possession of natural or legal persons without a valid legal basis, the right of ownership and possession shall be established in favor of the Republic.
(5) Upon the request of the Legal Protection Service of the Republika Srpska, the administrative body responsible for property-legal matters shall conduct proceedings and issue a decision establishing the rights referred to in paragraph 4 of this Article.”
 
In case number U 9/19, the Constitutional Court, deciding on the request of seven delegates of the Council of Peoples of the Republika Srpska for an assessment of the constitutionality of Article 2, points (11), (12), (20), and (21), Article 4, Article 6, paragraph (2), Article 8, paragraph (1), indentations 1) and 2), Article 10, Article 15, paragraph (2), Article 24, Article 25, paragraph (4), Article 28, paragraph (3), Article 30, paragraph (1), Article 94, paragraph (4), and Article 95, paragraphs (1) and (2) of the Law on Inland Navigation of the Republika Srpska, determined that the contested provisions are not in accordance with Articles I/1, III/3.b), and IV/4.e) of the Constitution of Bosnia and Herzegovina. 

According to the Constitutional Court's opinion, issues related to navigation on interstate and international rivers, as well as the jurisdiction concerning these matters between state and entity bodies, should be regulated by a law to be adopted at the state level, as these issues, according to the cited provisions of the BiH Constitution, fall under the exclusive jurisdiction of the state of BiH.