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(Patria) - The House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina is today considering the principles of the Bill amending the Criminal Code of Bosnia and Herzegovina, proposed by MPs Milan Dunović, Zlatan Begić, and Vlatko Glavaš.
MPs are also expected to consider this bill at today's session, despite the negative opinion of the Commission, on which they will vote.
During the explanation, Dunović stated that the Constitutional-Legal Committee found that this proposal is not in line with the BiH Constitution, but it was not stated on what basis this conclusion was reached.
"I can say that the Constitutional-Legal Committee believes that violating the Constitution is in line with the Constitution. Sovereignty is defined in the preamble of the Constitution, and if someone has a problem with this law, they are denying sovereignty. I want to congratulate the majority that clearly thinks that even what is in the Constitution is understood as unconstitutional, because I am very interested in which article of the Constitution the Constitution is violated," said Dunović.
Predrag Kožul (HDU) said that the proposal should be read carefully.
"What about the OHR, embassies, envoys of the American commission, the Venice Commission, which have participated and will participate in the adoption of the constitution and other acts of BiH?" said Kožul, adding that if this is adopted today, everyone can go to prison.
Zlatan Begić (DF) said Kožul is wrong.
"It is a matter of seriousness to make such qualifications. Every subject of international and domestic law is obliged to respect sovereignty. Kožul has confused the transfer of sovereignty. Everything applies to the High Representative as well, when he discusses constitutional amendments with the presidents of neighboring countries, for example," said Begić.
"As long as there is Dayton, there will be Annex 10, because without Dayton, there is no Annex 4," stated Begić, noting that all participants must adhere to the rule of law, because we are not transferring sovereignty to anyone when we talk with the EU," stated Begić and added:
Milorad Kojić (SNSD) said that as an Orthodox Christian, he crossed himself when he read the proposal.
"By signing the Stabilization and Association Agreement, we committed ourselves to following European law. You know that even today there is no consensus in the EU on whether EU-level laws or national laws have primacy. That is for the court to decide," said Kojić, adding that he knows they are bothered by Milorad Dodik.
"You are bothered by parallel special ties with Serbia, but with this law, you are blocking BiH's path to the EU," said Kojić.
NIP MP Mija Karamehić-Abazović was unclear about what 'joint transfer of sovereignty' means. Zlatan Begić said she could ask her party leader Elmedin Konaković.
"Every kind of populism is allowed here, and I have seen it all. There are more actresses here than in the National Theatre. If they were a little more serious, it could be a horror, but as it is, it's just a tragicomedy. We demand that sovereign will be respected, which implies the implementation of laws, including those adopted from the EU," added Begić.
"You must not support this from Dodik, because you are protecting the coalition, so you start with mockery and laughter, and you are bothered by DF and Željko Komšić in the context of a strong attack on sovereignty, who are fighting to preserve BiH. We have officials in this country who negotiate the resolution of state property with representatives of the international community, and that is a violation of sovereignty!" he emphasized.
The proposed amendment to the law stipulates that anyone who undermines the sovereignty of BiH through their political or other public or secret actions, by enabling any subject of international law (state or supranational international organization) to influence the process of adopting the constitution, laws, decisions, and other acts of Bosnia and Herzegovina, or to participate in the adoption of the constitution, laws, decisions, and other acts of BiH, will be punished with imprisonment of at least five years.
It also defines that anyone who, through their political or other public or secret actions, transfers the sovereignty of Bosnia and Herzegovina to any subject of international law (state or supranational international organization), in a way that enables that subject of international law to actively participate, through direct or indirect mediation, in the adoption of the constitution, laws, decisions, and other acts of BiH, will be punished with imprisonment of at least five years.
The explanation of the proposed legal solution states that Bosnia and Herzegovina, like any other subject of international law, is a sovereign and independent country that, within its own legal system regulated by the BiH Constitution, independently adopts its constitution, laws, decisions, and other acts through competent legislative and executive authorities.
The Constitutional-Legal Committee of the House of Representatives of the PSBiH did not determine compliance with the BiH Constitution and the BiH legal system today, nor did it support the principles of the Bill amending the Criminal Code of Bosnia and Herzegovina, proposed by MPs Milan Dunović, Zlatan Begić, and Vlatko Glavaš, which punishes the violation of Bosnia and Herzegovina's sovereignty.
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