The President of the Bosnian-Herzegovinian entity Republika Srpska (RS), Milorad Dodik, issued decrees tonight declaring certain laws passed during the RS Assembly session unconstitutional. These laws prohibit the operations of the Court and Prosecutor’s Office of BiH, as well as SIPA and the HJPC BiH, according to Radio Free Europe.

Among the declared unconstitutional laws is one concerning the Special Register and the transparency of non-profit organizations’ activities.

Dodik stated in Banja Luka that these decreed laws, effective from Friday, aim to “restore the subjectivity and constitutional jurisdiction of the RS, which has faced threats for nearly 25 years.”

According to Dodik, “Our goal is not to impose anything; we are simply restricting their operations within the Federation of BiH.”

He insisted that “there is neither the Court nor the Prosecutor’s Office of BiH, nor the Investigation and Protection Agency (HJPS),” mentioning that a law is currently being drafted to establish the HJPS of RS.

He expressed confidence in the significance of these actions for RS, calling it a pivotal step towards restoring its subjectivity.

Additionally, he noted that in the current global power dynamics, the USA and other significant players will no longer support “the creation of impossible states and artificial nations,” dismissing the past American administration’s failed concepts.

Dodik accused “enemies in Sarajevo” of attempting to launch multiple investigations against RS officials via the Prosecutor’s Office of BiH, asserting that “for every letter we receive from the Prosecutor’s Office, we will initiate investigations against them in response, as they are targeting legitimate constitutional institutions, including the RS Government, RS President, and RS National Assembly.”

Dodik urged everyone in Bosnia and Herzegovina to “stay calm.”

He also called on the irate leaders in the Federation of BiH to maintain their composure, advising them not to send any representatives to RS, nor to communicate further on these matters, especially not with personnel that could provoke tensions.

Dodik emphasized that RS authorities will “persistently pursue” the establishment of their subjectivity and assured that upon the new laws taking effect, he would “actively oversee their implementation.”

The Bosniak Vice President of the RS, Ćamil Duraković, accused Dodik tonight of executing a “coup d’état” and effectively “seceding from the Republika Srpska entity.”

The Bosniak Club did not activate the vital national interest mechanism

According to Radio Free Europe, the Bosniak Club within the Council of Peoples of the RS failed to initiate a vital national interest mechanism during the day that could have potentially halted the enforcement of laws limiting state judicial and investigative institutions’ operations in RS.

The RS National Assembly had adopted these laws on February 27 as the principal legislative body.

It is important to note that the Council of Peoples is a separate legislative institution and does not function as an equal chamber to the National Assembly of RS. It reviews laws only when requested by one or more ethnic caucuses regarding the violation of vital national interests.

With the Bosniak Club’s decision, the stage was set for RS President Milorad Dodik to sign these unconstitutional laws, which will ban the operations of state judicial institutions in RS, as reported by Radio Free Europe.

Dodik had already intimated his intention to enact the laws, which will take effect the day after their publication in the Official Gazette of the Republic of Serbia.

Once enforced, there remains the possibility to challenge these disputed laws before the Constitutional Court of Bosnia and Herzegovina or have them annulled by the International Community’s High Representative in Bosnia and Herzegovina, Christian Schmidt, acting under the “Bonn powers.”

The “Bonn powers” afford the High Representative the authority to enact or amend laws, issue directives, dismiss officials, impose sanctions, contest institutional decisions, amend all constitutions except the state constitution, and establish or close institutions.

What do the unconstitutional laws entail?

The draft law against the application of laws and the prohibition of extra-constitutional institutions’ activities in BiH, approved on February 27, prohibits the operations of the BiH Court, Prosecutor’s Office, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH within the RS.

Unilaterally terminating the jurisdiction of the state of BiH over part of its territory contradicts the Constitution of Bosnia and Herzegovina.

Under the Criminal Code of Bosnia and Herzegovina, individuals risk up to five years in prison for unlawfully attempting to alter the constitutional order or overthrow its highest institutions.

The BiH Court, Prosecutor’s Office, and SIPA were established through laws passed by the Parliamentary Assembly of Bosnia and Herzegovina and ratified by the state House of Peoples.

For them to be dissolved, the Parliament of BiH must also cast a vote, as stipulated in the Constitution of BiH.

Additionally, RS Parliament members approved changes to the entity’s Criminal Code, which enables the prosecution of BiH institutions’ employees residing in RS for failing to comply with entity authority decisions.

The laws’ adoption followed a verdict against RS President Milorad Dodik, who was sentenced by the Court of BiH on February 26 to one year in prison and a six-year ban from holding office.

The Acting director of the Official Gazette of the Republika Srpska, Miloš Lukić, was acquitted.

Both individuals faced accusations of defying High Representative Christian Schmidt’s decisions.

Prior to the ruling, the RS leadership threatened to take “radical actions” and sever all ties with BiH institutions if Dodik was found guilty.

The RS Government forwarded these laws to the entity parliament after their adoption the previous night.

News