Sedad Dedić: Schmidt would be banned from political activity in Germany, arrested and prosecuted

SARAJevo, (Patria) - Are the wishes of political parties above the Constitution, asks Sedad Dedić, professor at the Faculty of Law in Zenica and member of the SDA Presidency, in a status on his Facebook profile.

"In accordance with the legal system of the Federal Republic of Germany, Christian Schmidt would be banned from political activity in the Federal Republic of Germany and would be arrested and prosecuted if he tried to place the wishes of a political party or group of political parties above the existing Constitution of the Federal Republic of Germany and adapt the constitution to current needs and current goals of political parties," Dedić wrote.

According to him, one of the main tasks of the existence and idea of the Constitution and constitutional principles is to protect citizens from the arbitrariness of the current government and to protect the long-term interests of citizens from rapid changes in regulations due to the current goals of the current government.

Changing the constitution to redraw election results and align the constitution with the wishes of current politics is contrary to the fundamental idea of the constitution, Dedić emphasizes.

"In accordance with the competencies of the Federal Constitutional Court in the Federal Republic of Germany (the homeland of lawyer Christian Schmidt), when any political party acts contrary to the Constitution and constitutional principles of the Federal Republic of Germany, when the behavior of its members endangers the constitutional liberal and democratic order, or when the actions of a political party and its members threaten to abolish or endanger the existence of the Federal Republic of Germany, the Federal Constitutional Court has the authority to ban the activities of such a political party in order to protect the Federal Republic of Germany and legal certainty.

In Bosnia and Herzegovina, when certain political parties want to act contrary to the Constitution and contrary to the constitutional principle of legal certainty, the same lawyer Christian Schmidt changes constitutional regulations and announces further changes to constitutional regulations in accordance with the wishes of certain political parties. In this way, he places the wishes of political parties above the Constitution, above constitutional principles, and directly above and against the interests and democratic will of the citizens of BiH, thus undermining the democratic and constitutional system of BiH," Dedić states.

According to him, constitutional amendments in BiH are particularly and additionally sensitive and complex due to the fact that the constitutional system of BiH, as a result of the legitimate goal of stopping aggression and genocide, is full of difficult compromises. Therefore, in the constitutional system of BiH, either everything must be changed at once, or nothing can be changed, because partial changes would further disrupt the balance of achieved difficult compromises.

"With such actions, Schmidt is saying that the citizens of BiH do not have the right to the same democratic and legal standards as the citizens of the Federal Republic of Germany. What is such a division of people and such discrimination called?", Dedić added.