Constitutional Court of BiH rejects Vukanović's appeal as inadmissible, Dodik remains head of SNSD

(Patria) - The Constitutional Court of Bosnia and Herzegovina today held its 11th extraordinary plenary session (online) at which it made a decision on the admissibility of the appeal of the political organization "For Justice and Order – Nebojša Vukanović List".

By its decision on admissibility in case number AP-4618/25, the Constitutional Court rejected as inadmissible the appeal of the political organization "For Justice and Order – Nebojša Vukanović List“ filed against the Decision of the Court of Bosnia and Herzegovina number S1 3 Iž 053064 25 Iž dated October 10, 2025.

"Because it is ratione materiae incompatible with the Constitution of Bosnia and Herzegovina", they added.

In the explanation of the decision, the Constitutional Court stated, among other things, that in the specific case, it was deciding on the regularity of the application of the Alliance of Independent Social Democrats (SNSD) to participate in the early elections for the President of Republika Srpska, which will be held on November 23, 2025.

"Therefore, the procedure did not decide on any of the appellant's rights that could be related to the freedom of assembly and association. Given the above, the Constitutional Court concluded that the appellant's claims about the violation of the freedom of assembly and association from Article II/3.i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms are ratione materiae incompatible with the Constitution of Bosnia and Herzegovina", explained the Constitutional Court of BiH.

The Constitutional Court of BiH further stated that the appellant cannot invoke the violation of Article I/2. of the Constitution of Bosnia and Herzegovina simply because they believe that the decisions of the regular courts and competent authorities were not made in accordance with the rule of law principle.

"Namely, the appellant must state how, due to the violation of the rule of law from Article I/2. of the Constitution of Bosnia and Herzegovina, any of its rights or freedoms guaranteed by the Constitution of Bosnia and Herzegovina and the European Convention have been violated. Otherwise, any person will be able to file an appeal against a decision of a regular court by invoking Article I/2. of the Constitution of Bosnia and Herzegovina, regardless of whether that decision actually decided on their rights and interests", they emphasized.

The Constitutional Court recalled that the contested decision decided on the regularity of the SNSD's application to participate in the early elections for the President of Republika Srpska.

"Therefore, the subject of the specific procedure was not the appellant's application, nor does the Constitutional Court note that any other of the appellant's rights were decided upon. Namely, the Constitutional Court notes that the appellant has certified its application to participate in the specific elections and has not proposed its candidate for the early elections, so the Constitutional Court does not see how the specific procedure could have directly or indirectly affected the appellant's rights as a political entity. The Constitutional Court also notes that the appellant claims that its rights 'guaranteed by Article I/2. of the Constitution of Bosnia and Herzegovina' have been violated due to the decisions of the Court of BiH and the Central Election Commission of Bosnia and Herzegovina (CEC), but does not state how the contested decision affects any of its rights, directly or indirectly. From the foregoing, it follows that the appellant has not stated or provided evidence that the decision contested by the appeal could have any impact on its constitutional rights or fundamental freedoms. Therefore, the Constitutional Court considers that the grounds for appeal regarding the violation of Article I/2. of the Constitution of Bosnia and Herzegovina are ratione materiae incompatible with the Constitution of Bosnia and Herzegovina", they stressed.

Regarding the appellant's invocation of Article II/1. of the Constitution of Bosnia and Herzegovina, the Constitutional Court pointed out that this is not a substantive right that the appellant can invoke independently.

"Rather, it is a constitutional provision that obliges Bosnia and Herzegovina and both entities to ensure the highest level of internationally recognized human rights and fundamental freedoms. Therefore, the Constitutional Court considers that these appellant's claims are also ratione materiae incompatible with the Constitution of Bosnia and Herzegovina. Given the decision in this case, the Constitutional Court concluded that it is not necessary to specifically consider the appellant's request for a temporary measure", they stated.

Let us remind you, Vukanović announced on October 21 that he would file an appeal after the Court of BiH ordered the Central Election Commission (CEC) of BiH to implement the verdict prohibiting Milorad Dodik from holding public office.

Vukanović stated at the time that, according to the assessment of the Court of BiH, Dodik, due to the imposed sentence, cannot be the president of the RS entity, nor the president of SNSD.

In the event that the Court accepts the appeal, the constitutional and legal aspects of the verdicts and decisions concerning Milorad Dodik, as well as their implementation, will be considered.