Establishing the CAA agency hands over state airspace to the entities, and opens space for political control over millions in revenue!

By: Amina Čorbo - Zećo

The Ministry of Communications and Transport of Bosnia and Herzegovina has published the Draft Law on Civil Aviation of BiH on the e-consultations platform, which foresees the formation of a new, independent Civil Aviation Agency (CAA). The draft is available to the public via the eKonsultacije portal.

However, the document has already caused serious controversy, both due to the way it was drafted and due to the legal, financial, and political implications that its adoption could produce.

Dismissals, appointments, and accelerated law drafting

In January 2024, the then director of the Civil Aviation Directorate of BiH (BHDCA), Čedomir Šušnjar, resigned. Claims emerged in the public that he was dismissed because he did not carry out political orders from the top of SNSD.

Šušnjar, a former military pilot, was previously engaged in the Helicopter Service of Republika Srpska, which was established by the Government of RS with the participation of several former military pilots. After his dismissal, Zorislav Ivanović was appointed director of BHDCA, and in February 2024, activities began on drafting the Law on Civil Aviation.

According to available information, the working group was formed without the participation of the Ministry of Defense of BiH, although the Ministry of Communications and Transport and the Ministry of Defense are the holders of the function of managing the airspace of Bosnia and Herzegovina, while the protection of airspace is within the jurisdiction of the Ministry of Defense.

Only after the reaction of the Minister of Defense was a representative of this ministry included in the working group. Nevertheless, according to claims, the proposals of the Ministry of Defense were almost entirely rejected, and this ministry does not support the proposed draft.

Contrary to the Law on Ministries?

The key provision of the Draft stipulates that BHDCA, which is currently part of the Ministry of Communications and Transport, will grow into an independent BHCAA, which would be accountable to the Council of Ministers of BiH for its work.

According to Article 10 of the Law on Ministries and Other Administrative Bodies of BiH, the Ministry of Communications and Transport is responsible for civil aviation and air traffic control. Critics warn that excluding this area from the direct jurisdiction of the ministry would lead to the de facto weakening of state administration.

It is considered particularly controversial that the employees of the new agency would not be subject to the Law on Civil Service or the Law on Salaries and Allowances in the Institutions of BiH, while in case of insufficient revenue, funds could be compensated from the budget of BiH institutions.

Thus, according to Patria's interlocutors, an institution would be created that independently disposes of its own revenues, but in crisis situations resorts to budget funds, without the obligation to operate according to the rules that apply to other budget users.

National structure and legality of appointments

Additional controversy is caused by the issue of national representation. The Law on Administration of BiH stipulates that representation according to the population census must be ensured in administrative bodies. However, the Draft Law foresees that when appointing the Agency Council, attention should be paid to the “equal representation of constituent peoples and entity representation”.

Critics believe that this deviates from current legal norms and introduces a political appointment model, without clear professional criteria, especially regarding the aviation qualifications of the Council members.

According to information circulating in professional circles, the current national structure of employees in BHDCA is allegedly around 80 percent Serbs and 14 percent Bosniaks, while the Ministry of Communications, according to earlier statements by Minister Edin Forto, does not have data on the staffing and national structure of employees, even though BHDCA is part of that ministry.

Exemptions for police helicopters

Provisions that allow the Agency to grant exemptions from the application of the law for police and customs helicopters cause particular concern.

It is recalled that the Government of RS previously integrated the RS Helicopter Service into the MUP of RS, thereby giving the helicopters the status of state aircraft. In this context, the question arises whether the future CAA could grant exemptions that would benefit entity structures, including the MUP of RS.

Millions above budget control

The financial model is also the focus of criticism. BHANSA is cited as an example, which generates tens of millions of marks annually from route and other fees (over 90 million KM in 2022). A significant portion of the funds goes to employee salaries and allowances.

The Parliamentary Assembly of BiH does not have direct insight into the financial operations of BHANSA, and data is obtained through parliamentary questions.

If the CAA were to be organized according to a similar model, the question arises whether the state would gain another institution with significant financial resources, but without full parliamentary control and budget integration.

Constitutional dimension

The BiH Constitution stipulates that air traffic control is within the jurisdiction of the state. However, both BHANSA and the proposed CAA model include the participation of entity representatives in management bodies.

Some lawyers believe that this de facto transfers part of the state's powers to the entity level, which opens up additional constitutional and legal issues.

Key question

Proponents of the law claim that the goal of the reform is to strengthen expertise and enable more competitive salaries in order to attract experts in the field of civil aviation.

Critics, however, warn that by adopting this law, the state could lose direct control over one of the most strategically important areas – airspace and millions in revenue from air traffic.

Whether the Draft Law will be amended after public consultations or whether BiH will get a new, independent agency with significant financial and regulatory powers remains to be seen.

One thing is certain: the debate on this law far exceeds the technical issue of reorganization and opens a serious political and institutional debate about the future of airspace management in Bosnia and Herzegovina.