Day RS is unconstitutional, RSNA says that it will not repealed
The Constitutional Court adopted the request of the Presidency of Bosnia and Herzegovina Bakir Izetbegovic to review the constitutionality of the Law on Holidays of the Republic of Serbian, finding that the entity law is not in accordance with the Constitution of Bosnia and Herzegovina and the International Convention on the Elimination of All Forms of Racial Discrimination, said the Court.
The Court determined that the Law on Holidays of RS is not in accordance with the Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Ordered the National Assembly of the Republic of Serbian, within six months from the delivery of this decision agrees Article 3b) of the Law on Holidays of the Republic of Serbian Constitution of Bosnia and Herzegovina and that in this period to inform the Constitutional Court of Bosnia and Herzegovina on the measures taken to enforce this decision.
The Court reiterated that this decision in no way prejudice the right of citizens of Bosnia and Herzegovina Orthodox religion (as well as the right of citizens like any other religious community in Bosnia and Herzegovina) that is available on traditional or other appropriate monument to their holidays, including the glory of Sveti Stefan. In the opinion of the Constitutional Court, such freedom and rights, in particular their free manifestation, only confirmed multi-religious and multi-cultural character of Bosnia and Herzegovina as a state and society.
Therefore, this decision of the Constitutional Court in this context can not otherwise understand.
Member of the Presidency of Bosnia and Herzegovina Bakir Izetbegovic challenged to mark the Day of the Republic of Serbian, which is celebrated on January 9.
RSNA: We will not abolish Day RS
From the People's Assembly of the Republic of Serbian officials reported that the decision on the challenge of the Law on Holidays of the Republic of Serbian before the Constitutional Court of Bosnia and Herzegovina, which is declared unconstitutional Day RS, "purely political, not a legal one based act, which aims repudiation of legality and legitimacy of the RS and the Dayton constitutional order of Bosnia and Herzegovina ".
It is emphasized that the holidays RS "based on the principle of non-discrimination and universal values, European achievements and experiences and do not threaten national and religious identity and gender of any of the three constituent peoples".
At the same time, adding that the "unacceptable to the Constitutional Court, in the process of assessing the constitutionality of the challenged provisions of the Act, reviewed the political and historical events for which the 9th of January, in accordance with the Constitution and law, as the Day of the RS".
"Serbian Republic is, within its constitutional jurisdiction, Republic Day, designated as a republican secular holiday, not a religious holiday, which was arranged by special provisions of the Act. Republic Day is not linked to Sveti Stefan, or any other religious holiday, which is confirmed by the Venice Commission. In view of these facts, the decision of the Constitutional Court, is not acceptable as it directly denies the occurrence of the RS ", said a statement from the entity parliament.
They warn that "will not abolish the Republic Day and will use all legal and political means to defend the legitimate interests and preserve the identity of the RS, confirmed by an international agreement, the Dayton Peace Agreement."
The RS National Assembly and will, in accordance with the Declaration adopted, determine their attitude towards the decision adopted the Constitutional Court.
"The fact is that the said decision was made at the expense of RS votes of two Bosniaks and three foreigners, showing that even this decision is not rendered legitimate by the majority of judges from Bosnia and Herzegovina and that Bosnia and Herzegovina under the international protectorate thereby stifling the democratic will of its citizens . The authorities and institutions of the RS, on the basis of constitutional powers, will take a clear position in relation to the assessment of the legality and legitimacy and making further decisions of the constitutional validity of a number of characters, primarily at the expense of only the Serbian people issued by the Constitutional Court since 2001, after the five years after the first mandate of foreign judges, "said a statement from the entity parliament.
The President of the Republic of Serbian Prime Minister Milorad Dodik said that the January 9 remains the Serbian Republic Day and the date can not abolish any court in Bosnia and Herzegovina, and the Constitutional Court, nor any voluntaristic will of any individual or anybody in Sarajevo.
It is not good for Bosnia and Herzegovina to make decisions the party, as it was in this case, where three judges ruled in favor of Bakir Izetbegovic, says the chairman of the House of Peoples PSBIH Ognjen Tadic. He emphasizes that this decision will greatly undermine the relations between peoples of Bosnia and Herzegovina, and that no matter what, and will continue to mark the 9th January.
Serbian Democratic Party thinks that this decision of the Constitutional Court "shot relations in BiH and continued policy of sticking a finger in the eye of the other side." They claim that the decision of the Constitutional Court of "destabilizing Bosnia and Herzegovina". This is a bad message from the Federation, but also of all those who in the name of the international community's decision-making in the Constitutional Court, together with the Bosniak judges, according to the SDS. They find that it would be good for all in BiH to be the least "urgent finished dictatorship of foreigners in the Constitutional Court."
People's Democratic Movement believes that the decision of the Constitutional Court is unacceptable and unreasonable, because of which the Republic of Serbian will have to give an answer in accordance with already adopted the Declaration of the National Assembly. For these parties it was announced that the decision of the Constitutional Court which occurred outvoting two Bosniak and three foreign judges is not legally based, and that is the result of political rather than legal character qualifications of the official national holiday of the Republic of Serbian.
Adopted request Stasa basketball on foreign licenses for cargo transportation
The Constitutional Court adopted the request Stasa basketball to review the constitutionality of the Ordinance on amendments to the Ordinance on the criteria, procedure and manner of distribution of foreign licenses for domestic freight carriers and the Notice of initiation of the procedure of allocation of CEMT licenses and bilateral annual permits for France and Belgium this year .
Košarac had made the request at a time when he served as deputy chairman of the House of Peoples, said the Constitutional Court.
The Constitutional Court found that Article 10 of the Ordinance on amendments to the Ordinance on the criteria, procedure and manner of distribution of permits to transport domestic carriers in the part amending Article 16, paragraph 2, point a) is inconsistent with Article II / 3 k) of the BiH Constitution and Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court annulled Article 10 of the Ordinance on amendments to the Ordinance on the criteria, procedure and manner of distribution of permits to transport domestic carriers in the part amending Article 16, paragraph 2 a), in accordance with Article 61, paragraph 2. Rules of the Constitutional Court and is terminated by the next day after this decision is published in the "Official Gazette".
The law of residence in accordance with the Constitution of Bosnia and Herzegovina
The Constitutional Court rejected as unfounded the request of a quarter of the delegates to the House of Peoples of the BiH Parliamentary Assembly to review the constitutionality of the Law on Amendments to the Law on permanent and temporary residence, which, according to the applicants, violated the right to freedom of movement and residence and the ban discrimination.
The Constitutional Court found that the provisions of the Law on Amendments to the Law on permanent and temporary residence in accordance with the BiH Constitution.
SDA caucus in the House of Peoples has sent an appeal to the Constitutional Court challenging the constitutionality of this bill.
The SDA have expressed concern that the Law on Amendments to the Law on permanent and temporary residence, adopted on 15 July in the House of Peoples of the Parliamentary Assembly of BiH as this, they claim, limit the right of citizens and freedom to choose their residence and domicile.
In parliamentary debates, conducted in the previous legislature, the Bosniak representatives in the Parliamentary Assembly objected to provisions which provide that for residency registration, along with documents proving identity and residence of the person, and the evidence necessary to have an apartment or house, or tenancy status.
The House of Peoples of the Parliamentary Assembly of BiH adopted on 15 July on an expedited basis Law on permanent and temporary residence, which was established two years ago in the parliamentary procedure by the Ministry of Civil Affairs.
The Constitutional Court continues plenary session and this Friday.
- 26 Nov, 2015
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