The European Union (EU) has warned that legal acts adopted by the National Assembly of Republika Srpska and signed by the president of that Bosnian entity undermine the constitutional and legal order of Bosnia and Herzegovina and the functionality of the country's institutions, and threaten the fundamental freedoms of its citizens.
The Law on Non-Application of Laws and Prohibition of the Activities of Extra-Constitutional Institutions of BiH, which was adopted in the RS entity on February 27, prohibits the work and actions of the Court and Prosecutor's Office of BiH, the state police State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH, which appoints all judges and prosecutors in the state.
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A statement from EU headquarters warned that these actions are contrary to the obligations that BiH has undertaken on its European path.
"The EU calls on the political leadership of the RS entity to refrain from provocative rhetoric and divisive actions, including questioning the sovereignty, unity and territorial integrity of BiH. Political pressure on public officials to leave state-level institutions must end," the statement said.
It was noted that the RS, like other entities, must respect the Constitution of BiH and the laws of the country, as well as the jurisdictions and decisions of the country's institutions, including the Constitutional Court, the High Judicial and Prosecutorial Council, the Court, the Prosecutor's Office, as well as the State Investigation and Protection Agency.
"All domestic legal remedies should be used to maintain the constitutional order of BiH," the statement emphasizes, noting that "the sovereignty, territorial integrity and constitutional order of Bosnia and Herzegovina must be respected."
On March 5, the President of the Republika Srpska, Milorad Dodik, signed a decree declaring unconstitutional laws published in the Official Gazette of the Republika Srpska, which relate to the non-implementation of laws and the prohibition of the activities of BiH institutions.
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 BiH.
Member of the Presidency of Bosnia and Herzegovina Denis Bećirović, Speaker of the House of Representatives of BiH Denis Zvizdić, and Deputy Speaker of the House of Peoples of BiH Kemal Ademović submitted an appeal to the Constitutional Court of BiH today, requesting an official review of the constitutionality of the law.
BiH is a candidate country for full EU membership. Last March, the European Council announced its readiness to open accession negotiations with Sarajevo, once the necessary criteria are met.
Recalling this decision dating back to March 2024, the EU called on all political actors in a statement to renew the country's focus on progressing on the path towards the EU, with decisive action to take all relevant steps, so that the EU Council can then adopt the negotiating framework.
"Progress on the path to the EU is the best guarantee of stability and security in BiH and has multiple benefits for the citizens of the country," it was announced.
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