Constitutional Court of BiH declares Law on Insurance of RS unconstitutional upon request of SDA, DF, and NES clubs in BiH House of Representatives

(Patria) - The Constitutional Court of BiH, at its plenary session held yesterday, accepted the Request for assessment of constitutionality, which was sent to this court by the Clubs of SDA, DF, and NES in the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, and determined that the amendments to the Law on Insurance Companies, adopted by the National Assembly of the RS entity, are not in accordance with the Constitution of Bosnia and Herzegovina and cease to be valid.

"Namely, with the contested provisions of the Law, the BiH entity of RS intends to expand the jurisdiction of the entity Agency for Insurance, i.e., to enable it to conclude international agreements, which is the exclusive jurisdiction granted by law to the Insurance Agency of BiH," states the press release from the SDA Club in the House of Representatives of the BiH Parliament.

As stated in the ruling, the Constitutional Court of BiH concluded "that entity agencies do not have independent authority to conclude international agreements for data exchange without cooperation with the Insurance Agency of BiH. Therefore, the Constitutional Court concluded that the contested provision is contrary to Article 9, paragraph 6 of the Law on the Insurance Agency of BiH as a decision of the institutions of Bosnia and Herzegovina, and consequently, contrary to Articles I/2. and III/3.b) of the Constitution of Bosnia and Herzegovina."