The European Union, led by Germany and France, as well as the United States, are the main generators of political crises in Bosnia and Herzegovina (BiH), and the Office of the High Representative (OHR) and the Constitutional Court of Bosnia and Herzegovina, as well as the Bosnian political leadership, they make a great contribution to this, said Radomir, professor of constitutional law at the University of Eastern Sarajevo. Lukić, on March 6, reports the Glas Srpske news agency.
“These countries are the main initiators of the crises in Bosnia and Herzegovina, and the OHR and the Constitutional Court of Bosnia and Herzegovina are the instruments and levers for the collapse of the Republika Srpska. It is a paradox that the aforementioned court has been acting unconstitutionally for years, going beyond its constitutional jurisdiction and in a series of disputes, in fact creating new constitutional norms that do not exist, or making decisions that contradict constitutional norms. existing in Bosnia and Herzegovina. ”Lukic said.
He noted that the OHR also deviated from the established principles of its activities, specifying that the Constitution of Bosnia and Herzegovina, which is Annex 10 of the Dayton Agreement, does not say anywhere that high representatives will be able to act as constitutionalists, legislators, judges or executive bodies of administrative power, which they have been doing for years.
According to him, both institutions have placed themselves above the country’s Constitution, as well as the Peace Implementation Council, which is not part of the Dayton structure, but is somewhat independent.
When asked how to defend the position that, according to the Dayton Peace Agreement and the Constitution of Bosnia and Herzegovina, the property belongs to the entity of Bosnia and Herzegovina Republika Srpska, Lukić replied that paragraph one of Article 3 clearly regulates the powers of the institutions of Bosnia and Herzegovina.
“They are correctly numbered. In other words, nothing can be added or subtracted if the subjects disagree. Among those explicit powers, which, I must emphasize, are unambiguously revealed linguistically, there is no regulation of state property.Lukic said.
On the other hand, he added, the same article also establishes that all those powers that are not expressly established as powers of Bosnia and Herzegovina belong to the subjects.
Lukic also pointed out that all the decisions of the so-called high representative Christian Schmitt imposed so far are legally illegitimate, and the fact that he has not been officially appointed by the UN Security Council to this position further undermines his credibility.
Source: Rossa Primavera
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