Petković, Bosić and two HDZ members supported the conclusion that Schmidt's interventions in the BiH Criminal Code are unconstitutional

(Patria) - The Legal and Constitutional Affairs Committee of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina adopted, with four votes in favor and three against, a conclusion stating that the High Representative in BiH does not have the constitutional authority to enact laws, which is why the specified provisions of the Law on Amendments to the Criminal Code of Bosnia and Herzegovina are unconstitutional, in response to the request of the Constitutional Court of BiH for an assessment of the constitutionality of Article 203a of the Criminal Code of Bosnia and Herzegovina, as well as Article 4 of the Law on Amendments to the Criminal Code of Bosnia and Herzegovina (,,Official Gazette of BiH", number 47/23).

These are amendments to the Criminal Code under which the non-execution of decisions of the High Representative is a criminal offense and under which the leader of SNSD, Milorad Dodik, was convicted, after which he was stripped of the presidency of Republika Srpska, and sentenced to one year in prison which he paid off, and a six-year ban from holding any public office.

The request for an assessment of the constitutionality of the amendments to the Criminal Code was filed in December by SNSD deputies in the National Assembly of Republika Srpska, and the Constitutional Court of Bosnia and Herzegovina, as per the rules, requested an opinion from the BiH Parliament.

In addition to Milan Petković, a deputy of the United Srpska, Mladen Bosić (SDS, which together with PDP and For Justice and Order forms the opposition from RS), Marinko Čavara (HDZ) and Darijana Filipović (HDZ) voted for such an opinion. Committee members Albin Muslić (SDP), Šerif Špago (SDA) and Predrag Kojović (Our Party) voted against. Absent today were Amor Mašović (SDA) due to illness, and Obren Petrović (SNSD), reported Faktor.

Petković addressed the media stating that the Constitutional Court was informed that the High Representative in BiH does not have the right to enact or impose laws because it is not in accordance with the BiH Constitution.

"This is the first time that the House of Representatives, or rather the committee as part of the House of Representatives, has officially informed the Constitutional Court of BiH and taken the position that the High Representative does not have the right to enact or impose laws. We hope that the Constitutional Court will understand the significance of such a conclusion and that the highest legislative body in Bosnia and Herzegovina has adopted a conclusion that no one other than this house can enact laws, be it the High Representative or someone else," said Petković.