Authentic interpretation of the relationship between law and the enforcement of court rulings requested from the Dean of the Faculty of Law in Nuremberg

(Patria) - Azra Zornić, applicant before the ECtHR, and Adil Kulenović, President of Krug 99, addressed the Dean of the Faculty of Law in Nuremberg, Dr. Thomas M. Fischer, with a request for an interpretation of the relationship between legal rulings and social reality.

"As human rights activists and applicants before the European Court of Human Rights and Fundamental Freedoms in cases Azra Zornić v. Bosnia and Herzegovina, as well as others (Slaven Kovačević, Sejdić – Finci, Pudarić, etc.), we kindly ask for an authentic interpretation of the relationship between law and the enforcement of court rulings.

Namely, your former student, Mr. Christian Schmidt, who is the High Representative of the international community in Bosnia and Herzegovina, stated in an interview for the local television N1:

„If people hide behind rulings, then nothing will happen. That's why I say: Come on, talk about the improvements that are needed. If someone thinks that rulings can set things in motion, then I think they are mistaken."

Bearing in mind that the manner of implementing the Agreement, as well as Bosnia and Herzegovina's path to the community of European democratic states and societies, largely depends on the interpretation of the Dayton Peace Agreement for Bosnia and Herzegovina, for which, according to Annex 10 of the DPA, High Representative Christian Schmidt is responsible, we are of the opinion that the quoted stance on the implementation of rulings is in direct opposition to the European understanding of law.

Indeed, credit should be given to your University, which has taught numerous generations of students that rulings – however inconvenient – must be respected and implemented. We recall the decision of the German Constitutional Court on the budget in the case of Scholz and Co., regarding the implementation of which there was no doubt, and your understanding of law.

We are addressing you, considering that Mr. Schmidt is a former student of Friedrich-Alexander-Universität Erlangen-Nürnberg, thus a "legalist", with the question of whether the German understanding of law differs only for BiH, or if it is a derogation in BiH of decisions of the highest human rights court in the European Union.

It would be our honor and pleasure to discuss these fundamental principles of law and its application, or the impact of law on social change, at one of our dialogue sessions of the Association of Independent Intellectuals - Krug 99.

Furthermore, it is indicative that Chancellor Olaf Scholz and Foreign Minister Ms. Annalena Baerbock, who should have been informed of this important statement by the High Representative through diplomatic channels, allowed it to pass without a public and clear stance on such a crucial issue," the letter, which was also delivered to their addresses, states.