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The Assembly of Republika Srpska (RS) has taken the first step towards establishing the Supreme Ethnic Judicial and Prosecutorial Council (HJPC), an institution that already exists at the state level in Bosnia and Herzegovina.
The draft law on the establishment of this council in Republika Srpska, which lawmakers backed in Thursday’s session, is unconstitutional because it transfers powers from the state to the entity level. Such a decision, ie the transfer of competencies from the state level to a lower level of government, can only be taken by the State Parliament.
A 60-day public debate must now be held on this bill. The entity’s deputies will then discuss it and finally expect to approve it. Following the approval are a series of legal procedures until the appointment of members of the High Judicial and Prosecutorial Council.
In the session of February 10, 45 deputies voted for this legislation out of 64 present at the session.
The task of the High Judicial and Prosecutorial Council, according to Republika Srpska, will be to appoint judges and prosecutors to the Bosnian entity. The new law seeks to regulate organizational work, competencies, powers, mandate and performance of judicial and prosecutorial functions.
“There is no question that there is a constitutional basis for the adoption of this law and we have all the arguments for this,” said Srdjan Mazallica, MP of the Alliance of Independent Social Democrats, while addressing him in Parliament.
He stressed that Republika Srpska, through structural dialogue, since 2011 has tried to highlight the bad situation in the justice sector in Bosnia and Herzegovina.
Deputies also approved the draft law on real estate used by public authorities. This legislation is also unconstitutional.
This draft law provides for the establishment of the Agency of Drugs and Medical Devices and is unconstitutional because the competencies are transferred from the central level to the entity.
In December last year, the Republika Srpska Parliament approved the transfer of state powers to the entity. The move was criticized by the international community.
The United States announced on January 5 that it had imposed new sanctions on Bosnian Serb leader Milorad Dodik for corruption, but also actions taken by him, which Washington said “undermine the institutions of Bosnia and Herzegovina by calling for state competencies and initiating the establishment of parallel institutions in the entity of Republika Srpska of Bosnia and Herzegovina ”.
Milorad Dodik has threatened in the past with the secession of Republika Srpska from Bosnia and Herzegovina./REL/
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