Vital interest of Bosniaks violated by decisions on referendum in RS

Today in Banja Luka, sessions of the Council for the Protection of Vital Interest of the Constitutional Court of Republika Srpska were held, and the subjects of consideration and decision-making were, first, the issues of admissibility of the request of the Club of Delegates of the Bosniak people in the Council of Peoples of Republika Srpska for determining the violation of the vital national interest of the constituent Bosniak people in connection with the Law on the Day of Republika Srpska and the Conclusion regarding the Law on the Day of Republika Srpska.

Deciding on the admissibility of these requests, the Council determined that the request concerning the Law on the Day of Republika Srpska is admissible, as the procedural prerequisites for a merit-based decision have been met.

- However, regarding the request concerning the Conclusion regarding the Law on the Day of Republika Srpska, by which the National Assembly obliges the Government of Republika Srpska to harmonize the Law on Holidays of Republika Srpska in the part related to the expression of religious freedoms, the Council issued a decision that the same request is not admissible.

Namely, given that the contested Conclusion does not contain a legal norm of a general nature, but rather expresses the commitment of the National Assembly regarding a specific political issue, the Council assessed that it is not within its jurisdiction to evaluate the compliance of the contested conclusion with the provisions of the Constitution on the protection of vital interests of constituent peoples - stated the Constitutional Court of RS.

The Council further decided on the merits of the request of the Club of Delegates of the Bosniak people concerning violations of the procedure for adopting the Decision on confirming the results of the republic referendum, the Decision on the termination of the mandate of members of the Republic Commission for conducting the referendum, the Decision on granting special authorization, and the Conclusion regarding the Report of the Republic Commission for conducting the referendum on the result of the republic referendum on the question:

- Do you support that January 9 be celebrated and observed as the Day of Republika Srpska? - In all four cases, the Council issued separate Decisions unanimously determining that the vital national interest of the constituent Bosniak people was violated in the procedures for adopting the aforementioned decisions.

- Namely, considering that the contested decisions were voted on at the session of the National Assembly held on October 11, 2016, and published in the „Official Gazette of Republika Srpska“, number 87/16 of October 12, 2016, the Council determined that the National Assembly of Republika Srpska, contrary to Amendment LXXXII to the Constitution, which supplemented Article 70 of the Constitution, failed to submit the contested decisions for consideration to the Council of Peoples of Republika Srpska. Consequently, this Council determined that by failing to submit the contested decisions to the Council of Peoples of Republika Srpska for consideration before publication in the „Official Gazette of Republika Srpska“, there was a violation of the vital national interest of the Bosniak people regarding the equal right of constituent peoples in the decision-making process under item 5 of Amendment LXXXII to the Constitution, which supplemented Article 70 of the Constitution - said the Constitutional Court of RS.