House of Representatives of the FBiH: Election of a BiH Constitutional Court Judge Moved to Draft Status

(Patria) - Federal representatives rejected the Proposal of the Decision on the procedure for electing and appointing a judge of the Constitutional Court of BiH by a shortened procedure at today's session, and this document was moved to the form of a draft.

The proposers are the caucuses of Our Party, SDP, NIP, HDZ, HNS, and HDZ 1990, writes Faktor.ba.

The submitted document states that the Election and Appointment Commission will submit a list with the name of the highest-ranked candidate or a list with the names of up to four candidates for the appointment of a judge/judges of the Constitutional Court of BiH to the House of Representatives, based on the submitted written report and the established ranking list of candidates.

On behalf of the proposers, the draft was explained by Mirsad Čamdžić from Our Party, stating that the old decision on the election of Constitutional Court judges has been in force for 19 years and "has never been intervened with".

- One of the advantages of the new decision is that the HJPC is obliged to appoint two members to the Working Group for proposing candidates for the election of judges, and they must have at least ten years of practical work experience in the legal profession in managerial positions - said Čamdžić.

The Chairperson of the DF Caucus, Mahir Mešalić, expressed satisfaction that "the announced perverse proposal did not pass".

- This is a heinous act of legalizing the election of Marin Vukoja, about whom we know how he currently votes in the Constitutional Court of BiH. You said you would consult the opposition, and you did not at any point.

We will not accept the ethnic principle of voting and we demand expertise and competence, which is not stated in this proposal - added Mešalić.

SDA representative Haris Šabanović emphasized that the essence of the proposed changes can be summarized in one word - lack of transparency.

- The document regresses the process of electing a Constitutional Court judge and aims to make it even more non-transparent - were Šabanović's words.

For representative Fahrudin Skopljak, "this is provoking the opposition".

- I do not see any positive aspects in the new decision - emphasizes Skopljak.

Representative Admir Čavalić from the Party for BiH says that this is not "the election of a Waterworks director".

- The election of a Constitutional Court judge is a political and legal issue, but it is too complicated to reduce it to a bad decision.

I call on law faculties across FBiH to get involved in the public debate, to hear the voice of the academic community and the media.

I expected a progressive solution, some step forward, however, I don't see it anywhere. Absolute monopoly is given to the Election and Appointment Commission - stated Čavalić.