Disputed Law on Immovable Property Published in Official Gazette of RS: Schmidt Still Without Reaction, 'The Six' and HDZ Tested!

(Patria) - The Law on Immovable Property of the RS was published today in the Official Gazette of Republika Srpska. Christian Schmidt, as the only person who does not have to wait eight days from the date of publication for the law to take effect, is not reacting to annul this unconstitutional law.

The adoption of the Law on Immovable Property for the purposes of exercising authority in the National Assembly of the Bosnian-Herzegovinian entity Republika Srpska (RS) is another violation of the Constitution of Bosnia and Herzegovina and previous decisions of the Constitutional Court of BiH and decisions of the High Representative when it comes to state property. Therefore, an urgent reaction from High Representative Christian Schmidt is expected.

He could have done this on the day it was determined that the Council of Peoples would not initiate the protection of vital national interest.

The announced assessments of the constitutionality of this law by Željko Komšić and Denis Bećirović, as well as the SDA, must wait for the law to take effect. There is also the option of an appeal by 1/3 of the deputies in the House of Representatives of the PSBiH to the Constitutional Court of BiH, where we would actually see a test of 'the six', as well as the HDZ and their attitude towards the issue of state property.

We remind you that the deputies in the National Assembly of Republika Srpska adopted the Law on Immovable Property used for the functioning of public authorities in the RS, one of the two entities in Bosnia and Herzegovina (BiH), on Wednesday, December 28.

A law with an identical title was annulled by the Constitutional Court of BiH at its session on September 22, deciding on the basis of an appeal by six delegates of the House of Peoples of the BiH Parliament. The Court stated in its decision that the RS does not have the constitutional jurisdiction to regulate this issue, as it falls under the jurisdiction of the state of BiH.

The law was originally adopted at the NSRS session on February 10, but in April, shortly before it was to take effect, it was suspended by the High Representative in BiH, Christian Schmidt, who issued a decision that it would not be implemented until the decision of the Constitutional Court.

According to this law, immovable property used by the authorities of Republika Srpska, local self-government units, public enterprises, public institutions, and other services established by the RS, "by force of law", as stated in the text, belongs to them.

(A. Čorbo-Zećo)