Game Operators: Why is Kasumović Opposed to the Constitutional Court Reviewing the Decision?

A group of six councillors of the City Council in Zenica are requesting that the Constitutional Court of the Federation of Bosnia and Herzegovina assess the constitutionality of the Decision on increasing communal taxes in Zenica, which the City Council recently adopted by a majority vote, sparking sharp public debate, most notably among game operators.

The councillors of the City Council in Zenica voted to increase communal taxes for game operators doing business in the Zenica area. According to the new decision, taxes for betting shops in this city range between 30,000 and 50,000 convertible marks per betting point, depending on the location of the betting shop.

This proposal was submitted by the Mayor of Zenica, Fuad Kasumović, and the City Council supported it by a majority vote. Kasumović believes the decision is correct and will bring more money into the city coffers.

Game operators do not consider this decision correct. On the contrary, they stated that it is discriminatory and, as such, contrary to the Constitution of the Federation of Bosnia and Herzegovina, which guarantees equality for everyone. The Lottery of Bosnia and Herzegovina has already closed its branches in Zenica.
Game operators warn that the City of Zenica will have to return between 15 and 20 million KM from its budget to the betting shops if the Cantonal Court accepts the upcoming lawsuit or if the Constitutional Court of the Federation of Bosnia and Herzegovina declares the recently adopted Decision on communal taxes unconstitutional.

Mensud Kelešura, a councillor from A-SDA in the City Council, told Patria that he is requesting the Government of the Zenica-Doboj Canton to urgently initiate a procedure to review the constitutionality of the Decision on increasing communal taxes in Zenica, so that the City does not fall into financial problems in a few years.

- We believe that the Decision on increasing communal taxes only for certain activities is discriminatory. We fear that in a few years the Court will overturn this decision and then order the City to return the money to employers who have been harmed by this decision. That would be disastrous for Zenica. That is why we are asking the Constitutional Court to resolve this issue as soon as possible, in order to end the agony that has been going on for several months – said Kelešura.

Mayor Kasumović accused the councillors who are seeking a review of the constitutionality of the Decision on increasing communal taxes of taking bribes. And that is why they are seeking a review of the constitutionality of the Decision that the City Council also supported.

Toni Boras from the public relations office of Premijer sports betting shops says that „Premijer betting shops respect all three levels of government in the Federation of Bosnia and Herzegovina, especially the judiciary, and does not see why Mayor Kasumović has a problem with his Decision on communal taxes being subject to review by the Constitutional Court of the Federation of Bosnia and Herzegovina.”

- Mayor Kasumović stated at the City Council session that he had contacted some judges of the Constitutional Court and that they allegedly confirmed to him that the Decision is in accordance with the Constitution of the Federation of Bosnia and Herzegovina. Therefore, we do not see why it would be a problem for the Constitutional Court to publicly assess the constitutionality of this decision – Boras believes.