Professors, intellectuals, experts tell federal deputies: Voting for Vukoja is treason and the prelude to the disintegration of the state of BiH!

By: Editorial Board of the News Agency Patria

Considering the announcements that the current parliamentary majority in the House of Representatives of the FBiH Parliament could create a new scenario in yet another episode of the mission to install HDZ-affiliated Marin Vukoja in the Constitutional Court of Bosnia and Herzegovina, journalists from the Patria agency asked law professors, intellectuals, legal experts... about this case. In the following text, read what our interlocutors are telling the deputies in the House of Representatives of the FBiH Parliament, especially the caucuses of the parties of the Sarajevo troika (SDP, NiP, and NS).

Jasmina Bešlagić, professor of constitutional law at the University of Bihać: Parliamentarians must act statesmanlike, otherwise we will lose the state

- When it comes to Marin Vukoja, the primary question is about his legal competencies related to this extremely important legal, and I would emphasize, statesmanlike position. Namely, both the rules of the Constitutional Court and the Constitution of Bosnia and Herzegovina clearly state that a prominent lawyer with other qualities should be appointed to this position.

Now, when we say someone is a prominent lawyer, it means that this person should be recognizable in the professional, academic public and community for their legal qualities, abilities, and so on.

What do we know Mr. Vukoja for?

We know him for some of his connections with political parties and leaders of political parties. Therefore, he definitely does not meet this very important condition. I cannot speak about his moral and other qualities, I assume he does not carry that kind of burden on his shoulders, but I think he definitely does not meet the most significant condition.

Not to mention that the Constitutional Court of Bosnia and Herzegovina is actually the only institution at the level of Bosnia and Herzegovina where anything that could be related to political, ethnic, national, etc., should be set aside. Anyone can be appointed to the Constitutional Court of BiH, regardless of their ethnic and national origin, who meets these two conditions. And the fact that it is constantly emphasized that former judge Mato Tadić should be replaced by a person of Croatian ethnicity again, is absolutely incorrect and not in line with the norms regarding the appointment of judges to the Constitutional Court of BiH.

The Constitutional Court of Bosnia and Herzegovina is the last line of defense of the state of Bosnia and Herzegovina, and if the parliamentarians and the Election and Appointment Committee do not act in a statesmanlike manner and do not take this fact into account, we will lose the state of Bosnia and Herzegovina. -

Senadin Lavić, professor at the Faculty of Political Sciences of UNSA: Ethnic judiciary is a nonsense!

- The election of a judge to the Constitutional Court of BiH has unfortunately become an ethnic-party narrative with far-reaching consequences for the judicial system of Bosnia and Herzegovina. The Constitution of Bosnia and Herzegovina, Annex IV of the Dayton Peace Agreement, provided sufficient elements to establish a civic social and citizenship order from 1995 to the present day, such as exists throughout Europe today, and not a disastrous conflict-ridden ethnocratic province in which Greater Serbian and Greater Croatian designers are dismantling the state and country for the benefit of Serbia and Croatia.

Why was it not possible to develop a civic republican system, but rather an ethnocracy based on religious fundamentalism of Catholicism, Islamism, and Orthodoxy, should be asked of the representatives of ethnic-tribal political parties and leaders of religious institutions who have showered us with their anachronistic political programs of ethnicism and anti-Bosnian sentiment.

The deception of "legitimate representation of the people" is destroying the legal-political structure of the Bosnian-Herzegovinian political system. HDZ, the self-proclaimed "legitimate representative of Croats," rides on this destruction, followed by SDA with its stories about the "legitimate representative of Bosniaks." Thus, the fraud that political parties represent peoples was introduced. Only in Bosnia today is the people under the jurisdiction of a political party. This is ethnocracy, which deviates from modern democracy. In this undemocratic context, the "game" around the Election Law of BiH, state property of BiH, the election of judges to the Constitutional Court of BiH, and so on, is taking place.

The Bosnian-Herzegovinian judiciary has, unfortunately, been reinterpreted and rearranged in an ethnic key, independent of legal definitions that clearly state: four judges must be from the "FBiH" entity, and two from the "Rs" entity. They must be good and quality lawyers. Experts with experience and numerous references. People of dignity and moral virtues, those who command respect from citizens, inspire integrity, and spread a sense of security. Nowhere does it state that they must be Bosniaks, Croats, and Serbs. All can be ethnic Montenegrins or Jews. All can be Bosniaks. But, by an unwritten rule of ethnocracy, "our people" must sit there, whose task is to protect "our ethnic interests." They are not there to protect the interests of citizens, all citizens of BiH. They are there to be at the disposal of the leaders of "tribal parties" who stand above the law and constantly derogate it. The judicial system has been ethnicized, and now Vukoja should be inaugurated into it without any significant references and tomorrow vote according to the needs of Čović and Dodik! Furthermore, foreign judges who are not controlled by ethnocracy should be expelled. All decisions will then be according to the needs of the SH anti-Bosnian pact. Then state property can also be converted into entity property. And only then will the process of aggression and destruction of Bosnia be completed.

Respect the laws and conduct election procedures accordingly. That does not suit Čović, Dodik, and some Bosniak (from SDA, NiP, or SDP). They will push their obedient cadres into the Constitutional Court who will protect them from prosecution for questionable activities for decades. Thus, control over one branch of power will be achieved. Instead of judges judging according to the law and protecting the legality of the order – they act on the instructions of those who brought them there…-

Enver Išerić, legal expert: We will pay the price because we are trampling on expertise

We have certainly trampled on expertise in Bosnia and Herzegovina. And that will cost us in the long run. It prevents the building of strong and functional state institutions that guarantee constitutionality and legality.

When it comes to the election of a judge to the Constitutional Court of Bosnia and Herzegovina from the Federation of Bosnia and Herzegovina and the conducted procedure, it truly boggles the mind. How is it possible that the commission includes mechanical technicians, doctors, but also young lawyers (representatives of the House of Representatives)? Well, people, that is unacceptable. And furthermore, as the media reported, all candidates were asked the same two questions.

From all of this, it follows that the entire procedure is indeed just a mere formality, in order to implement the will of political parties. The experts (external members) also failed there.

Members of the expert commission who would evaluate the candidates should be judges of the Constitutional Court and professors of constitutional law who would assess and evaluate candidates for this honorable position based on their work-professional experience, and professional and scientific qualifications.

This would mean that preference should be given to doctors and masters of legal sciences who have distinguished themselves by their professional and moral qualities, but who have also shown the best knowledge and offered the best answers to the questions asked. For such a responsible position as that of a judge of the Constitutional Court, very serious and long-term interviews are conducted. But for that, there must be a serious and expert commission. Since this is not the case, candidates are asked two questions, and these are probably purely theoretical, i.e., "some constitutional provision," which are questions for students.

Even that is not enough for political parties, so they insist on submitting only their candidate's name to the House of Representatives. If we proceed like this, let's forget about constitutionality and the rule of law -

Sifet Kukuruz, legal expert: Are the deputies aware that by electing Vukoja they are "striking" at the foundations of the state of Bosnia and Herzegovina

- The greatest interest in not being elected as a judge of the Constitutional Court of BiH, no matter how strange it may sound, is precisely Marin Vukoja's.

If, based on the tender procedure, which is seriously but irreparably legally compromised, he is nevertheless elected as a judge of the Constitutional Court of BiH, then such an election will be a burden that he will have to carry throughout his mandate.

Of course, this will also seriously undermine public trust in the work of the Constitutional Court of BiH itself.

Given that, as a judge of the Constitutional Court of BiH, he would himself be in a position to assess the procedural aspect of issues that are subject to consideration by the Constitutional Court of BiH, Vukoja would, in addition to legal issues, also face a moral problem.

Every decision he makes, no matter what it is, will necessarily have an "inherent flaw."

One should not forget the fact that is specifically emphasized by the Constitution of BiH, namely that judges of the Constitutional Court of BiH will be prominent lawyers of high moral quality.

It is justified to ask whether a person who is aware of serious violations of tender procedures and who has voluntarily agreed to such violations, even meets the condition defined as "prominent legal expert" and possessing "high moral qualities."

The importance of these professional and moral qualifications of future judges of the Constitutional Court of BiH is confirmed by the fact that they are prescribed directly by the Constitution of BiH. Furthermore, their importance is further indicated by the fact that ethnic or territorial affiliation of the candidate is not prescribed as a condition for election at all.

Therefore, knowledge, expertise, and morality are values by which the constitutional order of BiH is best protected and strengthened. These values are not only at the top of the constitutional values proclaimed by the Constitution of BiH, but also at the very foundations of the state of BiH. That is why it can be said that those who decide on the election of judges to the Constitutional Court of BiH are, in a way, also deciding on the very foundations of the state of BiH.

The real question is whether the deputies who will voluntarily agree to vote on a legally invalid proposal to elect Marin Vukoja as a judge of the Constitutional Court of BiH are aware of this -

Murat Tahirović, president of the Association of Witnesses and Victims of Genocide: Anyone who votes for Vukoja must be aware of the consequences

- A judge of the Constitutional Court of BiH must be a person with extensive judicial experience from basic to Supreme Court, and as such, an example to everyone in society. Because, we elect only six judges to the Constitutional Court, which in itself speaks to the caliber of personnel required. Also, it should be borne in mind that a judge of the Constitutional Court, once elected, remains a judge until retirement.

Electing judges to the Constitutional Court without experience or without recognizable results is a humiliation of both the Constitutional Court and the citizens of our country. Anyone who votes for such a candidate must be aware of the future consequences, as well as their own responsibility -

Jahja Muhasilović, professor at IUS: Voting for Vukoja is a treacherous act and an aid to the disintegration of BiH

Now, there are several problems. The first problem is that Vukoja is the only candidate, that they did not offer another candidate, and as the only candidate, he is not competent because he lacks experience. The second problematic issue is that, as is known, he is essentially an HDZ cadre and that Dragan Čović is trying to gain control of the Croatian member in the Constitutional Court through him.

This is also problematic in terms of the narrative that Čović and Dodik have been pushing for some time that foreign judges should be expelled. And if Vukoja were to pass into the Constitutional Court, they could gain the majority to push that narrative.

But they have a technical problem there that they cannot form a commission. And now various scenarios are being mentioned, one of which is that five judges resign, and then the commission is formed later. However, I think this is a futile attempt, that it will not succeed. In essence, without violating the Constitution and Rules of Procedure, they simply cannot push Vukoja through. The option remains for them to violate the Constitution. And I don't think it would be the first time, because in a way, Schmidt, with his precedent of eliminating the Constitution for 24 hours, showed that it can be done.

I think that the stance of the international community will also be of crucial importance in this regard. We know that the international community is pushing the HDZ's proposal, that is, that HDZ's plan to take over the Constitutional Court. There are some indications that these foreign judges, especially the one from Germany and Switzerland, have already capitulated to these demands. I don't want to speculate, but these are some rumors circulating. So it is very likely, as it seems now, that they will succeed in pushing Vukoja through.

Of course, I repeat, it would be a violation of the Constitution, definitely. If the Troika agreed to such a thing, and we see that they already have, because they are under the blackmail of Dragan Čović and HDZ, it would de facto disrupt the constitutional order in Bosnia and Herzegovina in favor of the separatists Čović and Dodik. Because then everything they do in the future will be constitutional through the judges they have in the Constitutional Court. Namely, the judges will adjust it for them so that it is interpreted in that way, and then they literally have a path to secession, both of them.

Of course, I am not saying that the final secession will happen so quickly. However, it will definitely bring Bosnia and Herzegovina into consociation, or confederation, as they have been planning for a long time, so that Sarajevo has no control over the entities and cantons. And the next issue they will definitely raise is state property, where the Constitutional Court could turn a blind eye and help transfer jurisdiction over state property to the entities, and possibly later in the Federation of BiH entity to the cantons where Croats are the majority, i.e., where HDZ has power. So that SNSD and HDZ could also get state property. I think that is the next step. And if the Troika continues to support these demands of the HDZ, they will definitely open the way for that scenario and directly weaken Bosnia and Herzegovina, state property, and all constitutional issues will be handed over to Dodik and Čović.

To those who intend to support Vukoja's appointment tomorrow, I say that they are committing a treacherous act, there is no doubt about it. Because the agenda of Čović and Dodik is clear, there is no doubt about it. Both have been very vocal on this issue, that they are for the expulsion of foreign judges, that they are for weakening state institutions, that both are for transferring state property to them specifically, i.e., to their entities and cantons. So they will essentially help the disintegration of Bosnia and Herzegovina. The next act, of course, will be formal secession, which they will probably wait for a more favorable geopolitical climate for. But they will bring Bosnia and Herzegovina to that final act – disintegration.

Šukrija Bakšić, professor at the Faculty of Law of UNSA: Vukoja is a candidate of a policy that threatens the constitutional order

- In my opinion, the specific appointment is controversial for two reasons. First, he is a candidate who is an exponent of a policy whose actions threaten the country's constitutional order. And second, the aforementioned candidate was not the highest ranked in the tender procedure.

We live in a time of degradation of all values and positions, so we do not need another such move -

Nurko Pobrić, expert in constitutional law: Vukoja has no judicial experience

- It is not good to speak personally about Vukoja or anyone else. I am talking about a practice that exists in the appointment of previous judges of the Constitutional Court, with the exception of foreigners, where people who are law graduates, who have no legal experience, but are close to the top of political parties, are appointed. To tell you the truth, I am hearing about Marin Vukoja for the first time. It is stated that he was a secretary in some parliamentary house and that he is close to HDZ. Let everyone judge individual judges. Vukoja, or his election if he is elected, is a continuation of the current practices, but I really do not know Vukoja as a lawyer, I have never read anything by him, the fact is that he has no judicial experience in other courts, so he has no experience working in courts and judicial bodies -