West: Republika Srpska Parliamentary Decisions Threaten Bosnian Constitutional Order

So said the joint statement of the embassies of the United States, the United Kingdom, Germany, France and Italy, as well as the European Union delegation and the EU's special representative in Bosnia and Herzegovina.

The statement says that all laws and conclusions adopted by the lower troops included parliamentary entity troops should be in line with the Constitution, no entity has the authority to challenge existing laws and Bosnian institutions.

At the time when the possibility of opening formal negotiations for EU membership has never been near, the return of political blockades would have negative consequences for all citizens of Bosnia and Herzegovina, most of whom support EU accession”, the statement of Western states released on December 25th said.

The US, UK, France, Italy, Germany and the EU delegation support Bosnia's sovereignty, independence, territorial integrity and multiethnic character. The statement also said they support the High Representative, who, under the Dayton Agreement, is the final interpreter of the civilian aspects of the Peace Agreement.

In the early hours of December 25th, the National Assembly of Republika Srpska has adopted a resolution demanding that Milorad Dodik, the prosthesis president of this Serbian entity, not respond to the call for submission issued by the Court of Bosnia and Herzegovina until it is well in health.

This represents a relaxed attitude, as in the preliminary text of the resolution, Dodik was proposed to be required not to respond to any appeal of the Bosnia and Herzegovina courts, of which he is being tried for disrespecting the decisions of the international High Representative in this state.

This was one of the 12 conclusions that were approved by the Republika Srpska Parliament after reviewing “information on co-operation of judicial order in Bosnia and Herzegovina over violating the Dayton Peace Agreement”.

Dodik, who recently underwent surgery in Belgrade, was pre-empted to appear before the tribunal on December 24th, but the hearing under his lawyer has been postponed for 30 December.

While Dodik's defence team has argued that he cannot participate in the trial for several months, the time according to them it will take to recover, legal expert Haris Vraniq, who has been appointed by the Court of Bosnia and Herzegovina, has determined that Dodik is able to participate in judicial hearings.

Currently, Dodik is facing trial after signing a presidential decree declaring two laws valid in the Serbian entity that had previously been cancelled by High Representative Christian Schmidt.

In addition to Dodik, the prosecution has also charged Milos Lukic, as the task of acting director of the Official Gas in Republika Srpska, with enabling the publication of Dodik's decree.

The decree concerns amendments to the Law on publishing other laws and regulations in Republika Srpska and the Law on Unavoidable Decisions of the Constitutional Court of Bosnia and Herzegovina.

Among the conclusions adopted by the Republika Srpska Parliament was the request that Republika Srpska's appointed representatives in the institutions of Bosnia and Herzegovina suspend making decisions until the Court of Bosnia and Herzegovina and the State Prosecutor's Office suspend the politically motivated “procedure against Dodik and Lukic.

However, there will be no blockades “if decisions are made concerning the transfer of jurisdiction from the level of Republika Srpska to the level of Bosnia and Herzegovina”.

Representatives of Republika Srpska in institutions have also been asked to suspend making decisions on European integration until the conditions for this process to continue “are met in line with the principle of democracy and rule of law”.

The parliamentary majority also condemned the “intervention of the Bosnian State Prosecutor's Office in the work of the Republika Srpska Parliament, saying that the decisions of the Parliament of this entity could be considered only by the Constitutional Court of Bosnia.

Before the launch of the special plenary session, the Prosecutor's Office requested information based on the Code of Criminal Procedure of Bosnia and Herzegovina, regarding data pertaining to allegations that certain criminal acts have been committed, including “the agreement to commit a criminal offence”, “prepared to commit a criminal act” and “attacks on constitutional order<5>.

In his address to the Parliament, the head of this institution, Nenad Stevapur, said this prosecutor's response is based on “the lie”.

The other conclusions adopted were said that the Republika Srpska Parliament “remains committed to respecting territorial integrity and the division of sovereignty among entities according to Dayton”, but the High Representative, Constitutional Court and Prosecutorate were accused of breaking the Dayton Agreement.

Representatives of the ruling party said the violation of Dayton “called for a politically motivated trial against Republika Srpska President”. This trial, according to them, is the result of the United States sanctions against Dodik”.

Since 2017, Dodik has been under US sanctions for obstruction or threat to undermine the Dayton Peace Agreement.

In 2022, additional sanctions were imposed against him, which accuse Dodik of direct or indirect participation in violations, obstruction or threat of implementing the Dayton Agreement, as well as corrupt activities. REL