Constitutional Court of BiH: Buk Bijela case sent to BiH Prosecutor's Office, a criminal offense was committed

(Patria) - The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina is scheduled to meet on September 7, and we asked the court whether the HE Buk Bijela and the Law on Immovable Property used for the Functioning of Public Authorities of Republika Srpska cases will be considered at the mentioned session, from where we were told for Patria that these issues are considered at plenary sessions. We remind you that the Constitutional Court of BiH, at its Plenary Session of July 16, 2021, made a Partial Decision determining that there is a dispute regarding concession decisions concerning concession property and the jurisdiction for their adoption by Republika Srpska. Therefore, the Commission for Concessions of Bosnia and Herzegovina was instructed to resolve the disputed issues between Bosnia and Herzegovina and Republika Srpska as the Joint Commission for Concessions, in the sense of the Law on Concessions of Bosnia and Herzegovina.

They add that after that, the Constitutional Court, again at a Plenary Session held on December 2 and 3, 2021, made a decision determining that the Commission for Concessions had not implemented this Partial Decision of the Constitutional Court and determining the method of execution of that decision. In essence, the Commission for Concessions was instructed to inform the Constitutional Court of BiH within 6 months from the date of delivery of this decision about the measures taken to execute the mentioned Partial Decision, and the Court of BiH to urgently conclude the dispute against the Decision on the appointment of the Joint Commission for resolving disputed issues between BiH and RS regarding the concession award that is the subject of the dispute.

The Court of BiH concluded the dispute and annulled the disputed decision, but the Commission for Concessions informed the Constitutional Court, among other things, that "due to objective reasons, the Joint Commission was unable to make a Decision on this case within the given deadline". Therefore, the Constitutional Court of BiH, at the Plenary Session of July 14, 2022, made a conclusion that the Decision on Non-Execution of December 2 and 3, 2021, in accordance with the Rules of the Constitutional Court of BiH, be sent to the Prosecutor's Office of BiH, since the non-execution of the decisions of the Constitutional Court of BiH is a criminal offense," said the Constitutional Court for NAP.

As can be seen from the above, the only institution acting in accordance with its jurisdiction in this case is the Constitutional Court of BiH, which has already done what it could at the given moment in accordance with the BiH Constitution and its Rules, taking into account the Law on Concessions.

"Therefore, I think it would be advisable to direct questions about resolving the dispute to the Commission for Concessions and the Prosecutor's Office of BiH regarding what they are undertaking within their jurisdiction to execute the decisions of the Constitutional Court. Any further 'hurrying' of the Constitutional Court of BiH or constant media pressure regarding any decision, especially regarding cases within the jurisdiction of constitutional protection which are particularly complex and require special attention, and especially those cases where other competent institutions, which are obliged to act in a certain way by the decisions of the Constitutional Court, are doing nothing, we consider a form of inadmissible pressure on the Constitutional Court, which is doing everything within its jurisdiction to perform its basic task, which is to protect the BiH Constitution," the response states.

The next plenary session of the Constitutional Court of BiH is scheduled for September 22 and 23, 2022, but the agenda for it has not yet been determined, so it is not known at this moment which cases will be ready for decision at that session.