Constitutional Court of BiH orders: FBiH and RS Governments must annul decisions on Vareš and Jahorina

(Patria) - The decision of the Government of the Federation of Bosnia and Herzegovina on changing the purpose of forest land in Vareš and its temporary use for other purposes is not in accordance with the Constitution of BiH. Nor is the decision on the sale of land on Jahorina in accordance with the Constitution, it was announced today from the Constitutional Court of BiH.

Below is the integral announcement from the Constitutional Court of BiH:

"Deciding on the request of Kemal Ademović, at the time of submitting the request, the Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, for the assessment of the constitutionality of the Decision on changing the purpose of forest land and temporary use of forest land for other purposes by the Government of the Federation of Bosnia and Herzegovina ("Official Gazette of FBiH" no. 89/23 and 100/23; hereinafter: Government of FBiH), the Constitutional Court determined that the contested decision is not in accordance with Articles I/1., I/2. and VI/5. of the Constitution of Bosnia and Herzegovina. It was determined that the contested
decision is null and void and ceases to be valid from the date of its publication in the "Official Gazette of FBiH".

The Constitutional Court ordered the Government of FBiH and the Federal Ministry of Agriculture, Water Management and Forestry to take appropriate steps to annul all decisions and activities based on the contested decision.

U-6/24 – Deciding on the request of 13 deputies of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for the assessment of the constitutionality of the Decision on the manner and conditions of sale of real estate owned by the Republika Srpska located within the special area of Jahorina by public tender – auction ("Official Gazette of RS" no. 114/23), the Constitutional Court determined that the contested decision is not in accordance with the provisions of Articles I/1., I/2. and VI/5. of the Constitution of Bosnia and Herzegovina. It was also determined that the contested decision is null and void and ceases to be valid from the date of its publication in the "Official Gazette of RS". The Government of Republika Srpska (hereinafter: Government of RS) and the Ministry of Trade and Tourism of Republika Srpska have been ordered to take appropriate steps to annul all decisions and activities based on the contested decision. The Constitutional Court emphasized that the Government of RS disposed of state property that is subject to a disposal ban and is under the exclusive jurisdiction of BiH institutions.

These decisions will be delivered to the applicants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.

Summary of the Constitutional Court decisions no. U-3/24 and U-6/24

In Decision no. U-3/24, the Constitutional Court of Bosnia and Herzegovina determined that the Decision of the Government of the Federation of Bosnia and Herzegovina on changing the purpose of forest land and its temporary use for other purposes is not in accordance with the Constitution of Bosnia and Herzegovina. The Constitutional Court reached the same conclusion in Decision no. U-6/24, which relates to the Decision of the Government of Republika Srpska on the manner and conditions of sale of real estate owned by Republika Srpska located within the special area of Jahorina by public tender – auction. In both decisions, the Constitutional Court concluded that it concerns forest land which represents state property that is subject to a disposal ban, as determined by the Constitutional Court in its earlier decisions concerning the same issue. Therefore, it was concluded that the Government of FBiH and the Government of RS were not authorized by their decisions to dispose of the said state property in any way. The Constitutional Court reminds that the Law on the Temporary Prohibition of Disposal of State Property of Bosnia and Herzegovina stipulates that the temporary prohibition of disposal of state property "remains in force until the entry into force of a law at the state level governing property rights and management of state property, which would be adopted by the Parliamentary Assembly of Bosnia and Herzegovina, or until the High Representative decides otherwise". Similar provisions are contained in the laws on the temporary prohibition of disposal of state property of the Federation of Bosnia and Herzegovina, Republika Srpska, and Brčko District of Bosnia and Herzegovina. The fact that the BiH Parliamentary Assembly has not yet adopted a law regulating the right of ownership and management of state property cannot be an excuse for entity governments to unlawfully dispose of that property.