Trojka: NSRS is heading towards open legal violence, decisive reaction is necessary

(Patria) - The law by which the National Assembly of Republika Srpska stipulated that the decisions of the Constitutional Court of BiH will not be published, applied, or enforced in the territory of that entity represents a gross violation of the Constitution of Bosnia and
Herzegovina, the Dayton Peace Agreement, and an open attack on the constitutional and legal order of Bosnia and Herzegovina, according to a joint statement by the SDP BiH, People and Justice, and Our Party.

It is quite clear that the adoption of the Law on Non-application of Decisions of the Constitutional Court of BiH is unconstitutional because the Constitution of BiH and all other positive norms clearly stipulate that a lower administrative unit cannot derogate from the decisions of the state and state institutions, the Trojka statement reads.

"We remind the authorities in the Bosnian-Herzegovinian entity Republika Srpska, and especially the president of that entity, Milorad Dodik, that the existence, composition, and decision-making process of the Constitutional Court of BiH are part of the Constitution of Bosnia and
Herzegovina, which is again part of the Dayton Peace Agreement. Although in his reductionist interpretation of the Dayton Agreement he often refers to the 'letter of Dayton', it is clear from the actions towards the Constitutional Court of BiH that
Milorad Dodik and the authorities in Republika Srpska are violating the basic provisions of the Dayton Peace Agreement. Such an approach shows that in fact no principle is respected except for naked legal and political violence.

The Constitutional Court, with its unique role in the judicial system of Bosnia and Herzegovina, represents one of the most important institutions of the state of Bosnia and Herzegovina, and we clearly state that an attack on the Constitutional Court is actually an attack on the Dayton Peace Agreement and a direct threat to peace in Bosnia and Herzegovina," the Trojka statement reads.

The SDP BiH, People and Justice, and Our Party condemn the racist statements of Milorad Dodik about a judge of the Constitutional Court of BiH from Albania, as well as the attacks on the Rais al-ulama of the Islamic Community in BiH, Husein ef. Kavazović.

"Hate speech and open racist attacks on judge Ledia Bianku are unacceptable in public discourse in democratic societies. Today, Milorad Dodik is the only significant political actor in the entire region who resorts to such insults when it comes to members of the Albanian people, which actually represents a complete departure and opposite to any initiatives for regional connectivity. We also point out the inappropriately sharp statement towards the Rais al-ulama of the Islamic Community in BiH, Husein ef. Kavazović," the statement adds.

Trojka calls on the National Assembly of Republika Srpska to fulfill its constitutional obligation and appoint the missing judges to the Constitutional Court of BiH and to return to the framework of constitutional action.

"We clearly recognize that this is not a bluff or politicking, but an intention to strike at the constitutional and legal order of Bosnia and Herzegovina. The BiH Prosecutor's Office has every obligation and responsibility to act in such
cases. The Criminal Code of BiH, in Article 156, prescribes the criminal offense of attack on the constitutional order, while in Article 239 it defines the criminal offense of refusal to execute decisions of the Constitutional Court of BiH, and the BiH Prosecutor's Office has an unambiguous obligation to react. Furthermore, we clearly point out that such decisions directly threaten peace in Bosnia and Herzegovina and the region. Legal violence cannot be answered with any compromise or concession, and we will undoubtedly use all legal and political means to stop such destructive campaigns.

In conditions of open blackmail, it is clear that it is impossible to expect the BiH Parliamentary Assembly to consider any law on the Constitutional Court of BiH. At the same time, we expect the international community, and especially the High Representative in BiH, to decisively and unequivocally stand in defense of peace, the Dayton Agreement, and the constitutional and legal order of Bosnia and Herzegovina. The adoption of such laws and the announcement that a similar approach will be taken towards the BiH Prosecutor's Office and SIPA represent an acute challenge to peace in BiH and the region," the joint statement of SDP, People and Justice, and Our Party concludes.