Constitutional Court: Article 3b of the RS Holidays Law Ceases to be Valid

The Constitutional Court of Bosnia and Herzegovina held its 100th plenary session, deciding on a number of requests for constitutionality assessment and appeals regarding alleged violations of human rights and fundamental freedoms, as well as on a number of internal planning documents, Patria reports.

The Constitutional Court of Bosnia and Herzegovina determined by decision that the National Assembly of Republika Srpska has not implemented Decision No. U 3/13 of the Constitutional Court of Bosnia and Herzegovina of November 26, 2015.

Accordingly, the Constitutional Court of Bosnia and Herzegovina determined that the provision of Article 3b of the Law on Holidays of Republika Srpska ("Official Gazette of Republika Srpska" No. 43/07) shall cease to be valid on the day following the publication of the decision in the "Official Gazette of Bosnia and Herzegovina". Article 3b states that the Day of RS is January 9, and it will cease to be valid upon publication.

In accordance with Article 72, paragraph (6) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the decision will be sent to the Prosecutor's Office of Bosnia and Herzegovina and published in the "Official Gazette of Bosnia and Herzegovina", the "Official Gazette of the Federation of Bosnia and Herzegovina", the "Official Gazette of Republika Srpska", and the "Official Gazette of Brčko District of Bosnia and Herzegovina".

Namely, among other things, the Constitutional Court noted that the deadline for the National Assembly of Republika Srpska to implement Decision No. U 3/13 of November 26, 2015, expired on June 25, 2016. The Constitutional Court noted that the National Assembly of Republika Srpska has not taken concrete measures to implement the Decision on Admissibility and Merits No. U 3/13 of November 26, 2015, meaning that the activities of the National Assembly of Republika Srpska have not resulted in measures that would ultimately lead to Article 3b of the Law on Holidays of Republika Srpska ("Official Gazette of Republika Srpska" No. 43/07) being harmonized with the Constitution of Bosnia and Herzegovina, as ordered in the relevant decision of the Constitutional Court.

Furthermore, the Constitutional Court notes that on June 17, 2016, the National Assembly of Republika Srpska submitted a request for review of Decision No. U 3/13 of the Constitutional Court of November 26, 2015, which the Constitutional Court decided on at the Plenary Session held on September 17, 2016. The Constitutional Court concluded that the National Assembly of Republika Srpska, in its request for review, did not present any new facts, within the meaning of Article 68, paragraph 1 of the Rules of the Constitutional Court, that could influence a different decision by the Constitutional Court in the case. Therefore, the Constitutional Court concluded that there are no justified reasons for accepting the request for review of Decision No. U 3/13 of the Constitutional Court of November 26, 2015, and the request was rejected.

Having considered all of the above, as well as based on the review of the decisions of the National Assembly of Republika Srpska published in the "Official Gazette of Republika Srpska", the Constitutional Court concluded that the National Assembly of Republika Srpska did not harmonize Article 3b of the Law on Holidays of Republika Srpska ("Official Gazette of Republika Srpska" No. 43/07) with the Constitution of Bosnia and Herzegovina within the given deadline.

The Constitutional Court recalls that by its Decision No. U 3/13 of November 26, 2015, it determined the method and deadline for the implementation of the decision. According to Article VI/5 of the Constitution of Bosnia and Herzegovina, decisions of the Constitutional Court are final and binding. Also, according to Article 72, paragraph (1) of the Rules of the Constitutional Court, every natural and legal person is obliged to respect the final and binding decisions of the Constitutional Court, and according to paragraph (2) of the same article, all authorities are obliged to implement the decisions of the Constitutional Court within their competencies established by the Constitution and law.

The Constitutional Court also recalls that, in accordance with Article 61, paragraphs 4-6 of the Rules of the Constitutional Court, by a decision determining the inconsistency of legal provisions with the Constitution of Bosnia and Herzegovina, the Constitutional Court may set a deadline for harmonization for the law-making body, which cannot exceed six months, and if the identified inconsistency is not rectified within the given deadline, it shall determine by its decision that the inconsistent provisions of the law cease to be valid on the day following the publication of that decision in the "Official Gazette of Bosnia and Herzegovina".

Given that the National Assembly of Republika Srpska has not implemented the final and binding Decision No. U 3/13 of the Constitutional Court of November 26, 2015, within the given deadline, the Constitutional Court has decided as stated, based on Article 57, paragraph (3), Article 61, paragraphs (5) and (6), and Article 72, paragraph (6) of the Rules of the Constitutional Court.

All decisions on appeals adopted at the session will be sent to the appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.

At the same session, the Constitutional Court also considered and adopted the Medium-Term Work Plan of the Constitutional Court of Bosnia and Herzegovina for the period from 2017 to 2019, the Work Plan of the Constitutional Court of Bosnia and Herzegovina for 2017, and the Budget of the Constitutional Court of Bosnia and Herzegovina for 2017.