The President of the Bosnian-Herzegovinian entity Republika Srpska (RS) Milorad Dodik signed decrees tonight declaring unconstitutional laws adopted at the session of the RS Assembly, which prohibit the activities of the Court and Prosecutor's Office of BiH, SIPA and the HJPC BiH, Radio Free Europe reports.
Among the laws is the one on the Special Register and the transparency of the work of non-profit organizations.
Dodik, as reported by the Beta agency, stated tonight in Banja Luka that the laws he proclaimed by decree, which will come into force on Friday, "restore the subjectivity and constitutional jurisdiction of the RS in the conditions of the threat to its constitutional jurisdiction that has lasted for almost 25 years."
"We want to stop that. Our intention is not to impose anything, we are banning them in terms of their activities in the Federation of BiH," Dodik said.
In his words, "there is neither the Court nor the Prosecutor's Office of BiH, nor the Investigation and Protection Agency (HJPS)," and now they are drafting a law on the formation of the HJPS of RS.
"I believe we have done important work for RS, one that is a turning point in restoring our subjectivity," Dodik said.
He added that he is convinced that in the current balance of power in the world, the United States of America (USA) and "other major players" will no longer, as he said, support "the creation of impossible states and artificial nations" and that "this concept of the failed previous American administration will be forgotten."
He also said that "the enemies in Sarajevo, through the Prosecutor's Office of BiH, are trying to open numerous investigations against RS officials," but that "with every letter that comes from the Prosecutor's Office, we will also open investigations against them, because they are attacking legitimate constitutional institutions, which are the RS Government, the RS President and the RS National Assembly."
Dodik called on all people in Bosnia and Herzegovina to "remain calm."
"We also call on the enraged decision-makers in the Federation of BiH to remain calm, not to send anyone to RS. Don't even send us anymore letters on these issues, especially not people. Don't expose people to anything," he said.
He pointed out that the RS authorities will "remain persistent" in their intention for the RS to build its subjectivity, emphasizing that, once the new laws come into force, he will "monitor this very efficiently and put himself in the function of implementing these laws."
The Bosniak Vice President of the RS, Ćamil Duraković, stated tonight that Dodik "carried out a coup d'état" and that he "de facto seceded from the Republika Srpska entity."
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The Bosniak Club did not initiate the mechanism of vital national interest
Radio Free Europe reports that during the day, the Bosniak Club in the Council of Peoples, the legislative body of the RS, failed to initiate a mechanism of vital national interest that would have potentially prevented the entry into force of the law banning the work of judicial and investigative institutions of the state of Bosnia and Herzegovina (BiH) in that entity.
The laws were adopted on February 27 by the RS National Assembly, as the main legislative body.
The Council of Peoples, by the way, is not an equal chamber with the National Assembly of the RS, but rather a separate institution of the legislative branch, which considers laws only if there is a request from one or more caucuses of peoples to consider the issue of violation of vital national interests.
After this decision by the Bosniak Club, the conditions were created for these unconstitutional laws, which prohibit the work of judicial institutions of the state of BiH in RS, one of the two BiH entities, to be signed by RS President Milorad Dodik, according to Radio Free Europe.
He has already announced that he will do so, and after signing the decree on their promulgation, the laws enter into force the day after their publication in the Official Gazette of the Republic of Serbia.
After they come into force, the possibility remains of challenging the disputed laws before the Constitutional Court of Bosnia and Herzegovina or of having them annulled by the High Representative of the International Community in Bosnia and Herzegovina, Christian Schmidt, in accordance with the "Bonn powers".
The so-called Bonn powers include the right of the High Representative to pass or amend laws, directives, dismiss officials, impose sanctions, challenge decisions of institutions, amend all constitutions except the state constitution, as well as to establish and close institutions.
What do unconstitutional laws provide?
The draft law on the non-application of laws and the prohibition of the activities of extra-constitutional institutions of BiH, adopted on February 27, provides for a ban on the work and actions of the Court of BiH, the Prosecutor's Office of BiH, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH in the RS.
The unilateral termination of the jurisdiction of the state of BiH over a part of its territory is not in accordance with the Constitution of Bosnia and Herzegovina.
The Criminal Code of Bosnia and Herzegovina stipulates penalties of up to five years in prison and a ban on performing official duties if someone "unlawfully attempts to change the constitutional order of BiH or to overthrow its highest institutions."
The Court of BiH, the Prosecutor's Office of BiH, and SIPA were formed based on laws adopted by the Parliamentary Assembly of Bosnia and Herzegovina and confirmed by the state House of Peoples.
In order for them to be abolished, according to the Constitution of BiH, the Parliament of BiH must also vote on it.
Members of the RS Parliament also adopted amendments to the entity Criminal Code, which foresees the criminal prosecution of employees of BiH institutions who live in RS if they fail to implement decisions of the entity authorities.
The adoption of the law comes a day after the verdict against RS President Milorad Dodik, who was sentenced by the Court of BiH on February 26th to a year in prison and a six-year ban on holding office.
Acting director of the Official Gazette of the Republika Srpska, Miloš Lukić, was acquitted.
They were accused of disrespecting the decisions of High Representative Christian Schmidt.
Ahead of the verdict, the RS leadership threatened to make "radical decisions" and abandon all BiH institutions if Dodik was convicted.
The laws were adopted the night before by the RS Government and forwarded to the entity parliament.
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