The European Union (EU) has issued a warning regarding legal acts passed by the National Assembly of Republika Srpska, which, once signed by the entity’s president, threaten the constitutional and legal framework of Bosnia and Herzegovina and jeopardize the essential freedoms of its citizens.

The Law on Non-Application of Laws and Prohibition of the Activities of Extra-Constitutional Institutions of BiH, enacted in the RS entity on February 27, prevents the operations and powers of the Court and Prosecutor’s Office of BiH, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH, responsible for appointing all judges and prosecutors nationwide.

According to a statement from EU headquarters, these developments go against the commitments Bosnia and Herzegovina has made on its path to European integration.

“The EU urges the political leaders of the RS entity to stop provocative rhetoric and divisive actions, including questioning the sovereignty, unity, and territorial integrity of BiH. Political pressure on public officials to withdraw from state-level institutions must cease,” the statement emphasized.

It was highlighted that the RS, like other entities, is obligated to adhere to the Constitution of BiH, the country’s laws, and the jurisdictions and decisions of state institutions, including the Constitutional Court, the High Judicial and Prosecutorial Council, the Court, the Prosecutor’s Office, and SIPA.

“All domestic legal avenues should be pursued to uphold the constitutional order of BiH,” the statement reiterated, stressing that “the sovereignty, territorial integrity, and constitutional order of Bosnia and Herzegovina must be upheld.”

On March 5, the President of Republika Srpska, Milorad Dodik, signed a decree declaring unconstitutional laws published in the Official Gazette of Republika Srpska, which pertain to the non-application of laws and the prohibition of BiH institutions’ activities.

The unilateral revocation of the state of BiH’s jurisdiction over a section of its territory is inconsistent with the Constitution of BiH.

A member of the Presidency of Bosnia and Herzegovina, Denis Bećirović, along with Denis Zvizdić, the Speaker of the House of Representatives, and Kemal Ademović, the Deputy Speaker of the House of Peoples, have submitted a request to the Constitutional Court of BiH for an official assessment of the law’s constitutionality.

BiH is a candidate for full EU membership. Last March, the European Council expressed its readiness to initiate accession talks with Sarajevo once necessary criteria are fulfilled.

Reflecting on this decision from March 2024, the EU urged all political stakeholders to refocus the country on advancing toward EU integration, taking decisive actions so the EU Council can adopt the negotiation framework.

“Progress toward the EU is the best guarantee of stability and security in BiH and provides multiple benefits for the country’s citizens,” the announcement stated.

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