Prof. dr. Larisa Velić: State property under attack from various interests, to the detriment of citizens

(Patria) - A state of law is based on the rule of law. However, regardless of the engagement
of domestic and international institutions, we still cannot say that BiH meets all the prerequisites that make it a legal and democratic state, stated the Dean of the Faculty of Law in Zenica, Prof. dr. Larisa Velić, today at a session of Krug 99 on the topic "Principles of the Rule of Law, Application of Decisions of the Constitutional Court of BiH and the Right to Property".

She pointed out that we are witnessing daily denial of state institutions and non-implementation of final court decisions.

"The question also arises whether the Constitutional Court of BiH has been given the real role it rightfully holds in accordance with the Constitution. The Peace Implementation Council in BiH has identified goals that the authorities in BiH must achieve for the construction of a stable state structure, i.e., before the closure of the OHR, and these are precisely related to resolving the issue of state property and establishing the rule of law. Our country is under a certain type of supervision by the international community, which is directly and indirectly involved in our constitutional and legal system. Nevertheless, despite this fact, the realization of goals regarding the establishment of a functional and self-sustaining legal and political system has been lacking.

When it comes to regulating property and legal issues, we can conclude that a normative legal framework has not been established at the state level to regulate the protection, disposal, and recording of state property. In the absence of appropriate laws, state property is constantly under attack from those who seek space to achieve personal, illegitimate interests and goals, to the detriment of all citizens," says Velić.

She reminded that in 2005, the High Representative issued the Law on the Temporary Prohibition of Disposal of State Property, based on the assumption that the BiH Parliament would pass the Law on State Property and thus resolve the issue of state property.

"However, since the Parliament has not passed an appropriate law, and lower levels of government have passed laws that also concern this property, the Constitutional Court of BiH has dealt with this issue on several occasions. Thus, the Constitutional Court of BiH, in several of its judgments, emphasizes that state property is a fundamental issue related to the realization of legitimate state goals.

According to the decisions of the Constitutional Court, state property includes property that is the subject of succession of former Yugoslav republics, forests, agricultural land, waters, as well as general or public goods, immovable and movable property that the former Socialist Republic of Bosnia and Herzegovina had the right to dispose of and manage until December 31, 1991, but also all other property acquired by Bosnia and Herzegovina through legal transactions, court decisions or other bodies, by force of law or inheritance. Given the above, it is clear that this is very valuable property of exceptional importance for the state and its citizens. However, the Constitutional Court, as the body that performs the function of protecting constitutionality and legality, i.e., the institution that protects fundamental constitutional and internationally recognized values, is being denied its real role, which is evident through political pressure, denial of its decisions, and even denial of its jurisdiction. All of this makes the system unsustainable and requires urgent action if we truly want a state of law," she adds.

In order to ensure the state's right to property, which we link to its territorial integrity and sovereignty, as one of the rights protected by the highest legal acts, it is necessary for state institutions to take an active role in the disposal and management of state property, and to establish an adequate legal framework for regulating this issue, while ensuring the implementation of final court decisions.

Adequate resolution of the issue of state property is not only a property-legal issue but also an issue of the survival of the state and its citizens, as it is linked to the environment and all the consequences that irrational land use entails.