JUDGES REMAIN AFTER 70 YEARS OF AGE; Constitutional Court of BiH President Seada Palavrić, Marin Vukoja assumed duty as judge

(Patria) - The Constitutional Court of Bosnia and Herzegovina held its 144th plenary session on May 30, 2024, at which it considered and decided on very important issues related to the further functioning of the Constitutional Court, as well as on requests for assessment of constitutionality and appeals.

In order to enable the further unimpeded functioning of the Constitutional Court, the Constitutional Court adopted the Decision on Amending the Rules of the Constitutional Court of BiH, so that a new Article 99.a) is added after Article 99 (Cessation of Office) in the Rules of the Constitutional Court of Bosnia and Herzegovina, which reads:

"Article 99.a)
(Exceptional Extension of Judge's Term)

(1) Exceptionally, if the competent authority does not elect a judge by the date of the judge's term cessation due to age, that judge shall continue to perform judicial duties until the competent authority elects a new judge in accordance with Article 99 of these Rules and until the newly elected judge assumes office in accordance with Article 82 of these Rules.

(2) A judge whose term has been extended in accordance with paragraph (1) of this Article shall have all rights and obligations in accordance with the Constitution of Bosnia and Herzegovina and these Rules."

The Constitutional Court made the aforementioned decision bearing in mind the opinion of the Venice Commission of March 18, 2024, which stated, among other things: "The Venice Commission, considering the fundamental constitutional principle of a functioning Constitutional Court, concludes that allowing existing judges to serve even after reaching the age of 70, until new judges are appointed, would not be contrary to Article VI/1.c) of the Constitution of Bosnia and Herzegovina, and that, if the mandate of existing judges were extended, the work of the Constitutional Court would be in accordance with the Constitution and therefore legitimate. Taking into account the status of the Rules of the Constitutional Court in the hierarchy of norms, such a possibility could and should be foreseen in the Rules."

Furthermore, at this session, in accordance with Articles 81, 83, and 86 of the Rules of the Constitutional Court, the Constitutional Court elected a new president and vice-presidents, as the term of the current president of the Constitutional Court, Valerija Galić, and vice-presidents of the Constitutional Court (Mirsad Ćeman and Helen Keller) has ended. Seada Palavrić was elected as the new president of the Constitutional Court, whose term begins on June 1, 2024. Valerija Galić and Angelika Nußberger were elected as vice-presidents of the Constitutional Court, whose term begins on June 1, 2024.

In accordance with Article 82 of the Rules of the Constitutional Court, at today's plenary session, the newly elected judge of the Constitutional Court, Marin Vukoja, took and signed the solemn declaration, thereby assuming the duty of a judge of the Constitutional Court of Bosnia and Herzegovina.