Schmidt annuls controversial conclusions of the National Assembly of Republika Srpska directed against the Court and Prosecutor's Office of BiH

(Patria) - The conclusions adopted by the National Assembly of Republika Srpska at its 16th special session on December 24 and 25, 2024, represent a reckless attempt by the National Assembly of Republika Srpska to create special rules for the conceptual and legal negation of the principles of the Dayton Peace Agreement, which is the foundation for the legal framework of Bosnia and Herzegovina, the OHR announced shortly after the US Embassy announced that it welcomed this decision.

"Any non-compliance with this agreement will call into question the stability and legal
integrity of the country and the possibility of balancing political positions in a fair and democratic manner. As long as democratic integration into the transatlantic and European community is fully realized, the international community cannot remain silent and must contribute to preserving the internationally agreed principles
of the Dayton Peace Agreement (GFAP) as the foundation of a non-discriminatory, multi-ethnic state.

Since the High Representative, in accordance with his mandate, is the final authority regarding the interpretation of the implementation of the civilian part of the Dayton Peace Agreement, he has a duty to act if there is a significant
violation or announcement of a violation of the Dayton Peace Agreement.

In light of these facts, the High Representative issues an Order by which any attempt to implement the dangerous elements of the aforementioned conclusions, which call for action, is declared prohibited and punishable by law. Therefore, it is primarily up to the ruling coalition in Republika Srpska whether there will be
legal consequences or not. The High Representative calls on the members of the National Assembly of Republika Srpska to consider the consequences of such actions and the hastily drafted, legally unfounded mix of assembly decisions relating to the specific issue.

The right to a fair trial must be protected by guaranteed procedures and
respect for the rule of law, not by creating unilateral rules.
The main message of this Order is: no one is above the law and no one must abuse the law. This Order does not preclude the action of competent institutions of Bosnia and Herzegovina, which may take appropriate action based on their own assessment.

Among the numerous problematic claims contained in the conclusions of the National Assembly of Republika Srpska is the idea that assembly decisions within the multi-ethnic entity of Republika Srpska could only apply to one ethnic group.

Such measures are not only discriminatory but are in direct contradiction with the spirit of the Dayton Peace Agreement, especially Annex 4, i.e., the Constitution of Bosnia and Herzegovina, but also with European norms. These conclusions can potentially be a significant obstacle on Bosnia and Herzegovina's path to EU membership. This Order enters into force immediately upon publication on the official website of the Office of the High Representative," it was announced.