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Even if the National Assembly of Republika Srpska approves the referendum on the Court and Prosecutor's Office of BiH, it cannot have any legal consequences for Bosnia and Herzegovina, nor will anyone respect that referendum, claims constitutional law professor Kasim Trnka for the BiH news agency Patria.
The Court and Prosecutor's Office of BiH will continue to operate as they did before, and the High Representative, with the help of the Peace Implementation Council, should challenge any potential referendum.
This constitutional law expert explains that the Court and Prosecutor's Office of BiH fall under the jurisdiction of the state, not a single entity, as these are state institutions whose operations are regulated by state law.
- The consequences could potentially be political because Serbian politicians would constantly refer to that referendum in the BiH Parliament - Trnka tells NAP.
At today's special session of the National Assembly of Republika Srpska, MPs are expected to consider the reactivation of the decision to call a referendum on the Court and Prosecutor's Office of BiH.
This session was requested on July 2nd by the President of Republika Srpska, Milorad Dodik.
We remind you that the decision on the referendum was adopted back in 2011, but was postponed after negotiations with representatives of the European Union.
When submitting the request to the NSRS for a special session, Dodik said that the decision was postponed four years ago, and that it will now be reactivated and will not be withdrawn "regardless of all authorities in the world".
- RS cannot give up the referendum - Dodik said at the time, adding that if the High Representative Valentin Inzko annulled the decision of the National Assembly of Republika Srpska on the referendum, it would not be published in the Official Gazette of RS.
Dodik's opinion is that it is most optimal for the referendum to be held in September this year.
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