Constitutional Court of BiH Prolongs Decision on Buk Bijela, Not Competent for Dodik's Incapacity

SARAJEVO, (Patria) - The Constitutional Court of Bosnia and Herzegovina today began its 124th plenary session, during which it considered requests for constitutional review and appeals. The Constitutional Court continues its work tomorrow in a plenary session.

At today's plenary session, the newly appointed international judge of the Constitutional Court of BiH, Ledi Bianku, in accordance with Article 82 of the Rules of the Constitutional Court of BiH, gave and signed a solemn declaration, thereby assuming the office of judge of the Constitutional Court of BiH.

The Constitutional Court discussed and decided on the following cases:

U 15/20 – The Constitutional Court discussed the request of Borjana Krišto, Chairwoman of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina at the time of filing the request, for a review of the constitutionality of Article 9, paragraph (1), Article 10, paragraph (4), and Article 11, paragraph (1), point b) of the Law on the Court of Bosnia and Herzegovina. A decision in this case will be rendered at one of the upcoming plenary sessions.

U 16/20 – In this case, the Constitutional Court issued a decision establishing that the Concessions Commission of Bosnia and Herzegovina, acting as the Joint Concessions Commission (Commission), did not execute the Partial Decision of the Constitutional Court of Bosnia and Herzegovina number U 16/20 of July 16, 2021. At the request of the Commission, this decision of the Constitutional Court of BiH extended the deadline for the Commission to execute the aforementioned decision of the Constitutional Court of BiH for an additional six months from the date of delivery of this decision. Furthermore, the said decision ordered the Court of Bosnia and Herzegovina to take measures aimed at urgently resolving the dispute pending under number SI 3 U 041293 21 Fp against the decision on the appointment of the Joint Commission for Resolving Disputed Issues between Bosnia and Herzegovina and the Republika Srpska regarding awarded concessions. The Constitutional Court of BiH will decide on the interim measure in this case tomorrow.

Deciding on the request of Bakir Izetbegović, Chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, for a review of the constitutionality of Article 12, paragraphs (2) and (4) of the Rules of Service of the Armed Forces of Bosnia and Herzegovina, the Constitutional Court established that the contested provisions of the cited rules are not in accordance with the relevant provisions of the Constitution of Bosnia and Herzegovina and the European Convention.

Following its practice from case number U 8/17, the Constitutional Court concluded in this case that the absolute prohibition on soldiers of the Armed Forces of BiH wearing beards while on duty and in uniform violates the right to private life and the right to freedom of religion guaranteed by the Constitution of Bosnia and Herzegovina and the European Convention.

U 10/21 – Deciding on the request of the Cantonal Court in Zenica for an assessment of the compatibility of Article 55 of the Law on Higher Education of the Zenica-Doboj Canton, the Constitutional Court established that the contested provision of the cited law is not in accordance with the Constitution of Bosnia and Herzegovina and Article 18 of the Framework Law on Higher Education in BiH. According to the opinion of the Constitutional Court of BiH, the contested provision of the cited law, contrary to Article 18 of the Framework Law, leads to interference in the institutional autonomy of universities by requiring consent from public authorities for appointments to leadership positions in higher education institutions.

U 11/21 – Deciding on the request of Aljoša Čampara, Minister of the Federal Ministry of Interior of the Federation of Bosnia and Herzegovina, who requested that the Constitutional Court of BiH initiate a procedure to determine the temporary (in)capacity of Milorad Dodik, member of the Presidency of Bosnia and Herzegovina, to perform the function he holds, in accordance with Article 8.8 of the Election Law of Bosnia and Herzegovina, the Constitutional Court rejected the said request due to the lack of competence of the Constitutional Court of BiH to decide.

After concluding the work of the plenary session tomorrow, the Constitutional Court of BiH will publish a press release on its website.

All decisions adopted at today's plenary session will be delivered to the applicants/appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.