Debate on the exclusion of foreign judges: A trial balloon for 2022 and promises from Brussels

(Patria) - The draft law on the election of judges of the Constitutional Court of Bosnia and Herzegovina, previously elected by the President of the European Court of Human Rights, proposed by deputies of SNSD and HDZ Nebojša Radmanović, Snježana Novaković-Bursać, Nenad Stevandić, Nenad Nešić, Jakov Galić, Obren Petrović, Dragan Bogdanić, Sanja Vulić, Ljubica Miljanović, Borjana Krišto, Nikola Lovrinović, Mijo Matanović, Predrag Kožul and Darijana Filipović, will be before the deputies of the House of Representatives of the PA BiH today.

However, the Constitutional and Legal Affairs Committee of the House of Representatives did not determine conformity with the Constitution and legal system of BiH, nor did it support the principles of that legal solution, and the House was presented with a negative opinion on the proposed law.

If there is no support from the deputies for this law, it will be returned to the Committee for a decision, and in case of a second negative opinion from the Committee, the law will be removed from the parliamentary procedure. 
In the explanation of the Draft Law on the Constitutional Court of BiH, SDS and SNSD deputies stated that in order to strengthen the independence and autonomy of the Constitutional Court of BiH, foreigners must give way to domestic judges.

- It is unusual for the highest court of a country to have judges who are foreign nationals. Ending this practice is necessary from the standpoint of sovereignty and democratic principles. Strengthening domestic institutions is an obligation of BiH in the process of European integration. Therefore, it is necessary to pass the Law on the Constitutional Court of BiH - it was stated in the explanation.

It is evident that this proposal will not pass, at least not in this phase, but much more dangerous is, as we have written before, the knowledge of what is happening in Brussels.
The game played by SNSD and HDZ lobbyists in Brussels does not stop. They have managed, as we learn, through their joint lobbying efforts, as it is evident that these two sides are acting together, to achieve their goal. Allegedly, foreign judges in the Constitutional Court of BiH should remain until 2022, and all this they are trying now is a trial balloon for the final goal.

A debate is expected in this direction, but Patria's information indicates that they have received firm guarantees.
The engagement of international judges in the Constitutional Court of BiH is regulated by the Constitution of Bosnia and Herzegovina, which stipulates that three members are elected by the President of the European Court of Human Rights, after consultations with the Presidency of Bosnia and Herzegovina, four members of the Constitutional Court of Bosnia and Herzegovina are elected by the House of Representatives of the Federation of Bosnia and Herzegovina (FBiH), and two members by the National Assembly of the Republika Srpska.

The intention is absolutely clear; the appointment of international judges stems from the efforts of international community actors to introduce a greater degree of neutrality and objectivity into that institution after the signing of the Dayton Peace Agreement. These three foreign judges in the Constitutional Court of Bosnia and Herzegovina have definitely distanced themselves from political entities in BiH.

They represent a factor of stability within the Constitutional Court of BiH, and this does not suit HDZ and SNSD at all. 

That is why the lobbyists are not resting in Brussels either.