Constitutional Court of BiH 'Reprimands' FBiH Parliament for Passivity During Pandemic

SARAJEVO, (Patria) - Today at 12:00 PM, the 9th session of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina will be held, with three proposed agenda items related to the coronavirus pandemic. Delegates will consider a Draft Conclusion arising from the Decision of the Constitutional Court of Bosnia and Herzegovina, number: AP -3683/20 of December 22, 2020. In its reasoning, the Constitutional Court of BiH found that certain restrictive measures violated the right to private life and freedom of movement, but that it could not assume responsibility and repeal those measures because they concern the protection of public health. The Constitutional Court stated that the FBiH Parliament failed to engage in the adoption of measures, i.e., to legally regulate them as was done in other countries.

"The fact that more than nine months have passed since the declaration of the aforementioned epidemic-pandemic, in the opinion of the Constitutional Court, further strengthens the obligation of all levels of government in such emergency situations in the context of protecting the democratic principle of separation of powers and respecting the rule of law. The failure to assume responsibility and the demonstrated passivity of the highest legislative body in the Federation of BiH (the FBiH Parliament) to clearly and timely establish, within its powers, a framework for the action of the executive branch in its entirety for the entire duration of the COVID-19 virus pandemic-epidemic inevitably opens the possibility of disrupting the balance between different interests (rights) previously indicated. In the assessment of the Constitutional Court, this also did not lead to the necessary minimization of the risk of potential abuse of authority by a single administrative body (crisis headquarters of health ministries) in the context of the existence of a general legal framework for its operation and the level of authority in such a situation. Therefore, the Constitutional Court considers that the (in)action of public authorities, primarily the FBiH Parliament, in the specific circumstances of the case, is contrary to ensuring respect for the guarantees encompassed by the right to 'private life' and the right to 'freedom of movement,' given that in this specific case, the interference with constitutional rights does not satisfy the principle contained in the necessity test," the decision states.

The agenda also includes Information on the Epidemiological Situation of COVID-19 in the Federation of Bosnia and Herzegovina as of January 25, 2021, as well as Information on the Vaccination Plan Against COVID-19 in the Federation of Bosnia and Herzegovina. A heated debate is expected regarding the vaccination plan, given that the FBiH has not yet procured any vaccines nor started immunizing citizens.

Among other proposed items are the Draft Law on Amendments to the Law on the Securities Commission - urgent procedure, the Draft Law on the Unified Register of Fees and Charges in the Federation of Bosnia and Herzegovina - abbreviated procedure, the Draft Law on Air Protection, the Draft Law on Amendments to the Law on the Sale of Apartments with Tenancy Rights, the Draft Law on Amendments to the Law on Principles of Local Self-Government in the Federation of Bosnia and Herzegovina, the Draft Law on Entrepreneurial Infrastructure in the Federation of Bosnia and Herzegovina, the Draft Law on Free Zones in the Federation of Bosnia and Herzegovina, the Quarterly Debt Report Q4/2019, the Report on the Indebtedness of the Federation of Bosnia and Herzegovina Based on the Issuance of Treasury Bills (6M) as of May 19, 2020, the Report on the Indebtedness of the Federation of Bosnia and Herzegovina Based on the Issuance of (5Y) Bonds as of June 23, 2020, Elections and Appointments.