Constitutional Court of BiH decision on agricultural land in RS enters into force

SARAJEVO, (Patria) - The Constitutional Court's decision on the request of seven delegates of the National Assembly of Republika Srpska to assess the constitutionality of Article 53 of the Law on Agricultural Land of Republika Srpska has been published in the Official Gazette of Bosnia and Herzegovina, making it official and binding. With this decision, agricultural land in Republika Srpska is considered property of Bosnia and Herzegovina, not the entity, as voted by the National Assembly of RS at the end of 2019.

This decision of the Constitutional Court of BiH was the reason for the authorities in Republika Srpska to start blocking state institutions, so the president of SNSD and member of the Presidency of BiH Milorad Dodik voted against very important decisions at the session of the Presidency of BiH, which means some of them will no longer be considered, and for some, the vital interest of RS has been initiated. Dodik gathered state officials, advisors, representatives of the HJPC, and the CEC in East Sarajevo on February 20 to instruct them not to participate in decision-making, i.e., to block everything they can.

In addition to demanding that this decision of the Constitutional Court of BiH be withdrawn, the SNSD's request, with the support of HDZ BiH, is for foreign judges to be removed from the Constitutional Court.

The Constitutional Court concluded that the contested provision, 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 Republika Srpska by force of law, is contrary to the Constitution of BiH because it falls under the exclusive jurisdiction of BiH in regulating state property matters.

The President of the Constitutional Court of BiH Zlatko M. Knežević and judge Miodrag Simović gave statements disagreeing with the majority decision.

Decisions of the Constitutional Court are final and binding.