Reminding of Deadlines from the Brussels Agreement: Čović Nervous, No Electoral Reform Until All Levels of Government Are Formed

By: Amra Vrabac

The agreement 'Political Agreement on the Principles for Ensuring a Functional Bosnia and Herzegovina that Advances on the European Path' which political leaders from BiH adopted in Brussels on June 12, 2022, still cannot be implemented, especially the part concerning the reform of the Election Law, until the last two governments are formed, namely in the Herzegovina-Neretva Canton and Canton 10 (Livno).

The agreement, which HDZ BiH president Dragan Čović later joined because he refused to participate in a meeting with Željko Komšić and remained in his hotel room, clearly states that the leaders of political parties will urgently adopt, no later than six months after the formation of all bodies: the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC) and the Law on Courts; the Law on Prevention of Conflict of Interest; the Law on Public Procurement; electoral reforms and those limited constitutional reforms necessary to ensure full compliance with the judgments of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina, the recommendations of the Venice Commission, and the recommendations of OSCE/ODIHR and GRECO.

Čović's nervousness and haste are now clear, as he has set deadlines for the formation of the HNK Government several times. However, even the latest talks, in which HDZ did not even participate, ended in failure.

Although HDZ BiH, with its 11 representatives, could form a government with SDA and NES, who have eight representatives, with the support of one more representative, the formation of the government is at a dead end. The attempt to form a government in this canton, similar to the one at the FBiH level and the Council of Ministers of BiH, is not realistic. SDP and NIP, with four votes in the HNK Assembly, do not have the capacity to be the sole partner of HDZ BiH. HDZ 1990, with three representatives, is crucial for forming the HNK Government. HDZ ignored their invitation for a meeting. However, this could backfire on Čović, as with four votes in the House of Representatives of the FBiH Parliament, HDZ 1990 and HNP could be decisive in voting due to the tight coalition majority.

Otherwise, the coalition in FBiH operates on the principle of 'too many cooks spoil the broth,' so points are very often withdrawn from the agenda due to a questionable majority, the latest being the rebalancing of the FBiH Budget precisely because of the rejected amendments by HDZ 1990, which did not want to support the rebalancing, so Nikšić withdrew the proposal.

Although Dragan Čović, with his coalition partners Milorad Dodik and the representative of the 'trojka', Nermin Nikšić, have appointed the composition of the working group for amending the Election Law, it is difficult to expect them to do anything on that law until the state government first adopts the laws that the EU has set as priorities.

The state coalition is already facing criticism for certain proposed legal solutions, such as the Law on HJPC, and some are not even in the procedure yet.

Čović, Dodik, and Nikšić announced the adoption of a series of laws from the EU's 14 priorities for August 22, but it is evident that electoral reform cannot be a priority without the formation of government at all levels.

Given the recommendations not to change the Election Law in an election year, this means that political leaders have only a few months left to attempt an agreement on the election law. We hope that this time the High Representative Christian Schmidt will not throw a lifeline to Dragan Čović and HDZ, as he did on election night, as well as by suspending the FBiH Constitution for one day and taking away the vote of the FBiH Vice President Refik Lendo, thereby enabling the voting in of the imposed government.