Constitutional Court ruled: January 9th - RS Day is unconstitutional!

On the first day of the 95th plenary session, the Constitutional Court of Bosnia and Herzegovina ruled on a number of requests for constitutionality assessment and appeals regarding alleged violations of human rights and fundamental freedoms, reports the Patria News Agency.

In case number U 3/13, the Constitutional Court of BiH granted the request of Bakir Izetbegović, member of the Presidency of Bosnia and Herzegovina, for an assessment of the constitutionality of Article 3.b) of the Law on Holidays of Republika Srpska. The Constitutional Court of BiH granted this appeal at the request of the Bosniak member of the Presidency of BiH, Bakir Izetbegović, who filed it back in 2010. It took the Constitutional Court of Bosnia and Herzegovina a full five years to make this decision.

The Constitutional Court of BiH determined that Article 3.b) of the Law on Holidays of Republika Srpska is not in accordance with Article I/2 of the Constitution of Bosnia and Herzegovina, Article II/4 of the Constitution of Bosnia and Herzegovina in conjunction with Article 1.1 and Article 2.a) and c) of the International Convention on the Elimination of All Forms of Racial Discrimination, and Article 1 of Protocol No. 12 to the European Convention on Human Rights and Fundamental Freedoms.

The Constitutional Court of BiH has ordered the National Assembly of Republika Srpska to, in accordance with Article 61, paragraph 4 of the Rules of the Constitutional Court of Bosnia and Herzegovina, within six months of the delivery of this decision, harmonize Article 3.b) of the Law on Holidays of Republika Srpska with the Constitution of Bosnia and Herzegovina.

The Constitutional Court of BiH has ordered the National Assembly of Republika Srpska to, in accordance with Article 72, paragraph (5) of the Rules of the Constitutional Court of Bosnia and Herzegovina, within the period referred to in the preceding paragraph, inform the Constitutional Court of Bosnia and Herzegovina of the measures taken to implement this decision.

The Constitutional Court reiterates that this decision in no way calls into question the right of citizens of Bosnia and Herzegovina of Orthodox faith (as well as similar rights of citizens of any other religious community in Bosnia and Herzegovina) to freely celebrate their holidays in a traditional or other appropriate manner, including the feast day of Saint Stephen. According to the opinion of the Constitutional Court, such freedoms and rights, and especially their free manifestation, only confirm the multi-confessional and multi-cultural character of Bosnia and Herzegovina as a state and society. Therefore, this decision of the Constitutional Court cannot be understood in any other way in this context.

The Constitutional Court of BiH has suspended the proceedings on the request of Bakir Izetbegović, member of the Presidency of Bosnia and Herzegovina, for an assessment of the constitutionality of Article 2.b) of the Law on Holidays of Republika Srpska because the applicant withdrew the request.

The Constitutional Court of Bosnia and Herzegovina continues its 95th plenary session tomorrow, November 27, 2015.

All decisions on requests for constitutionality assessment and appeals, adopted at the session, will be delivered to the applicants or appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.