Constitutional Court of BiH on the Venice Commission's Opinion: It is not a stance on the 'unconstitutionality' of Marin Vukoja's election

(Patria) - The Constitutional Court of BiH has commented on statements circulating in the public regarding the opinion of the Venice Commission, adopted at the request of the BiH Presidency member Željko Komšić.

The Constitutional Court of BiH states that it is following with concern the inappropriate statements and new pressures being exerted on the Constitutional Court of Bosnia and Herzegovina regarding the recent, allegedly unconstitutional, election of a judge to the Constitutional Court of Bosnia and Herzegovina.

"The Constitutional Court has long warned the public that the non-election of judges from Republika Srpska, and recently from the Federation of Bosnia and Herzegovina, constitutes inappropriate and unacceptable pressure on this institution with the aim of degrading and rendering it meaningless. Despite this, the Constitutional Court is doing everything in its power to perform its functions as efficiently as possible and, by protecting the Constitution of Bosnia and Herzegovina, to ensure the rule of law and protect the human rights and freedoms of all citizens of Bosnia and Herzegovina.

The Federation of Bosnia and Herzegovina recently elected a new judge in accordance with the Constitution of Bosnia and Herzegovina, who has already taken office.

The latest opinion of the Venice Commission regarding the request of the BiH Presidency member Željko Komšić, which provides recommendations for the future election of judges, cannot be interpreted as the Venice Commission's stance on the 'unconstitutionality' of this latest election.

The election was carried out in accordance with the Constitution of Bosnia and Herzegovina, and any further elaboration of criteria for future elections is a matter not decided by the Constitutional Court. This type of pressure, in addition to the existing ones – the non-election of missing judges and financial pressures – aims to undermine the integrity and authority of the Constitutional Court of BiH. Therefore, we call upon
the public, politicians, analysts, and all others who contribute to such attacks on the Constitutional Court with inappropriate statements to refrain and at least in that way contribute to the court's efforts to preserve the efficiency and integrity of this institution, even in the difficult circumstances in which it is forced to operate," the Constitutional Court of BiH announced.