Schmidt: Initiatives like Nešković's take BiH off the European path

(Patria) - High Representative Christian Schmidt commented on social media after today's session of the House of Peoples of the BiH Parliament was interrupted due to a lack of quorum.

After the Proposal of the Law on the Constitutional Court of BiH, submitted by delegate Želimir Nešković (SDS), was placed on the agenda with the votes of the Serb and Croat caucuses (except Zlatko Miletić), the Bosniak caucus decided to leave the session.

This proposal stipulates that judges elected by the President of the European Court of Human Rights be replaced in such a way that the House of Representatives of the FBiH Parliament elects two judges, and the National Assembly of the RS elects one, who would take over the function from the current three foreigners.

"We do not want risks of that kind and to leave ourselves to waiting. It would be dangerous if such a law were adopted by one house. This is a law that strikes at the foundations of BiH. We do not want to participate in that and we protect the foundations of BiH. Our response is to leave the session of the House of Peoples," explained the head of the Bosniak caucus, Šefik Džaferović, the reason for leaving the session.

In a post on X, the High Representative reminded BiH parliamentarians that replacing the current international judges from the Constitutional Court would violate the Constitution and the principle of independent jurisdiction.

"The High Representative, as the guardian of the Dayton Agreement, cannot accept any legislative initiatives in that direction.

The High Representative emphasizes that judges enjoy security of tenure and that taking into account ethnic criteria in rendering judgments violates every international legal standard.

HR Christian Schmidt reminds members of Parliament that replacing the current international judges from the Constitutional Court would violate the Constitution and the principle of independent jurisdiction. The High Representative, as the guardian of the Dayton Agreement, cannot accept any legislative initiatives in that direction. 1/2

— OHR BiH (@OHR_BiH) March 18, 2024

Judges should render verdicts independently and impartially, based on the law. With such initiatives, BiH is deviating from the European path," Schmidt stated.