Legal experts Bešlagić and Išerić: It is pointless for the state of Bosnia and Herzegovina to appeal the Kovačević ruling, it is delaying the inevitable!

(Patria) - The Office of the Agent of Bosnia and Herzegovina before the European Court of Human Rights has a 90-day deadline to appeal the ruling in Kovačević against Bosnia and Herzegovina. The Court ruled that Slaven Kovačević, as a citizen of Bosnia and Herzegovina, had his active voting right violated. Therefore, the question is whether, if Bosnia and Herzegovina wants to join the European Union, it makes sense to appeal a decision that grants citizens the human rights prescribed by the Convention on Human Rights.

We sought answers from Professor of Constitutional Law at the University of Bihać, Jasmina Bešlagić.

“In the ruling in the case ‘Kovačević against Bosnia and Herzegovina,’ a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms was established, specifically discrimination in the exercise of electoral rights, more precisely the active voting right regarding the election of members of the Presidency of Bosnia and Herzegovina and the election of delegates to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina.

Although Bosnia and Herzegovina, through its agents, is authorized to file an appeal against the said ruling, I believe that this would only prolong the inevitable implementation of the ruling into the legal system of Bosnia and Herzegovina, which, among other things, entails amending the discriminatory provisions of the Constitution of Bosnia and Herzegovina and the Election Law of Bosnia and Herzegovina,” says Professor Bešlagić for Patria.

She adds: “Statements like the one that the appellant did not use the legal mechanism within Bosnia and Herzegovina are unfounded, since this concerns a disputed provision of the Constitution of Bosnia and Herzegovina, and no domestic legal mechanism that an individual citizen whose right has been violated can turn to can repeal any provision of the Constitution of Bosnia and Herzegovina.”

“This ruling once again reminds political actors of the necessity for radical changes, primarily to the Constitution of Bosnia and Herzegovina, and the establishment of the principles of equality and non-discrimination for all its citizens,” concludes Bešlagić.

Legal expert Enver Išerić also believes that dealing with the appeal is unnecessary.

“The state can file an appeal against the ruling, but all the issues that were relevant for the ruling were considered in the proceedings before the court's decision. Therefore, if BiH files an appeal, I am sure that the Court will reject it as unfounded, because there will be no arguments on the basis of which the Court would change its decision.

Moreover, if those who represent us in government bodies had any knowledge and morals, they would have confirmed the allegations from the appeal in their response to the lawsuit itself, and it would not have occurred to them to file an appeal against a ruling that established discrimination against citizens of our state of Bosnia and Herzegovina,” emphasizes Išerić in an interview with Patria.