Trojka forcefully wants to change the Rules of Procedure: Čampara submitted a report stating the changes are not in line with the Constitution and legal system!

(Patria) - The session of the KS Assembly scheduled for November 26 will be marked by heated debates on the proposed amendments to the Rules of Procedure of the KS Assembly, if that item remains on the agenda.

Although the Chairman of the Committee for Constitutional Affairs, Aljoša Čampara (NIP), tried to secure a majority for a positive opinion on the proposed amendments this week, it did not happen.

In the document we are publishing, it is clearly stated that Čampara sent a report from the Constitutional Committee to the deputies in the KS Assembly and the Government of Sarajevo Canton, which states that the proposed amendments to the Rules of Procedure with the proposer's amendment are not in accordance with the Constitution of the Canton and legal regulations.

Decision of the Committee for Constitutional Affairs of the KS Assembly

Regarding the Legislative-Legal Committee, it adopted the position on its second attempt on November 21 that there is a legal basis for adopting the proposed Decision on Amendments and Supplements to the Rules of Procedure of the Sarajevo Canton Assembly with the Amendment of the Proposer of the Decision on Amendments and Supplements to the Rules of Procedure of the Sarajevo Canton Assembly dated 11/15/2024. Aljoša Čampara is also the head of that Committee. However, given that the Constitution is above every law, it is clear that further procedure regarding the adoption of the amendments to the KS Assembly Rules of Procedure could end up before the Constitutional Court of the FBiH.

It is possible that this item will be removed from the KS Assembly session, given that the debate on the Draft Budget of KS for 2025 is also scheduled for the same day, preceded by the item on amendments and supplements to the Rules of Procedure.

In addition to Čampara, the Committee for Constitutional Affairs includes Muamer Bandić, Vibor Handžić (NS), Haris Zahiragić (SDA), and external members: Minela Dacić, Elmina Čopra, Hidajeta Redžić. Bandić informed both the committee and the public that the proposed amendments to the Rules of Procedure are unconstitutional.

The proposed amendments reduce and limit the rights of deputies in the KS Assembly, and some possibilities that deputies had at their disposal are completely removed.

Regarding voting in the KS Assembly, the decision on when to vote is made by the Speaker of the KS Assembly, which expands the powers of the Speaker.

Furthermore, the amendments to the Rules of Procedure propose the "removal of a deputy from the session with assistance" if they refuse to leave on their own.

When it comes to convening an urgent session, according to the amendments, the conditions for convening an urgent session are significantly changed, allowing it to be scheduled without a known agenda, which is proposed at the session itself.

Article 83 is also changed, which specifies that the quorum is determined only at the beginning of the session, and that the debate on individual agenda items is conducted regardless of the number of deputies present. It has often happened that less than half of the KS Assembly deputies were present in the hall, and deputies were sought in the corridors, or the session was interrupted if there were not 18 deputies in the hall.

Subsequently, the proposers withdrew part of this amendment, which relates to conducting the debate regardless of the number of deputies present.

The Democratic Front Club also submitted several amendments to these changes to the Rules of Procedure.

The DF proposed that in case of an interruption of the session, the continuation be scheduled for the next day. If a continuation date cannot be determined immediately, then the Speaker, in consultation with the Assembly Collegium, determines the continuation date. Given that at the end of 2024, items from a session that began in 2023 are being considered, such an amendment from the DF Club is entirely justified in order to achieve full functionality of the KS Assembly and avoid unnecessary delays in the process.

Given that the proposers of the amendments to the Rules of Procedure suggested abolishing the right to correct a misstatement after it has been spoken, and only after the speaker has finished, the DF demands that the person correcting the misstatement be given the floor immediately.

The DF also proposed amendments to Article 92, which does not provide for assistance in removing a deputy from the session if such a measure has been imposed on them, while the proposer's proposal does.

The proposers also suggested shortening the deadline for proposing ministers submitted by the candidate for prime minister from 12 to eight days, while the DF requests it to be 10 days.

The DF also submitted an amendment that restores the "Government Hour," i.e., the right of deputies to ask questions with the mandatory presence of the prime minister and ministers, and to express dissatisfaction with the answer, which was eliminated by the proposer's proposed amendments.