An informal document (non-paper), sent to European Union (EU) members by France and Germany, calls for the isolation of the leadership of Republika Srpska (RS) and the imposition of sanctions - financial on that entity of Bosnia and Herzegovina (BiH), and political on its highest officials.
The document, which was discussed today at a session of the Serbian National Security Council, was sent on May 12th under the title "Responses to the attacks of the Republika Srpska on the constitutional order of BiH," according to the Sarajevo-based portal Raport.
The document states that the current constitutional crisis in BiH is "the most serious challenge to the sovereignty, unity, and functional and territorial integrity of BiH in the last 30 years, since the signing of the Dayton Agreement."
It added that the actions and legal processes initiated within Republika Srpska after the first-instance verdict against its President Milorad Dodik represent "open attacks on the constitutional order of BiH".
It was stated that this refers to the adopted laws prohibiting the activities of the judicial institutions of BiH and the Investigation and Protection Agency (SIPA) on the territory of Republika Srpska, the adoption of the draft of the new constitution of that entity, and the adoption of the Law on the Protection of the Constitutional Order of Republika Srpska and the so-called Law on Foreign Agents.
"These acts are contrary to the obligations that BiH has undertaken on its path towards the EU, one year after the European Council's decision to open negotiations on BiH's accession to the European Union," the document states.
It is recalled that in the conclusions of the European Council of 17 December 2024, the EU referred to possible Union responses to "actions and actors that undermine and threaten the constitutional order, sovereignty, territorial integrity and international subjectivity of BiH", and that it stressed the need for "an assessment of all options and serious consequences available in the EU tools".
The EU confirmed its commitment to the Dayton Agreement and the constitutional order of BiH, as well as its commitment to stability and peace in BiH and the Western Balkans region, it added.
"The immediate goal is to repeal unconstitutional laws and withdraw the new draft constitution of Republika Srpska. All possibilities for achieving that goal must be explored," the non-paper states.
It is also stated that a lasting solution to the crisis will require "the full and irreversible return of Republika Srpska to the constitutional order of BiH, the re-commitment of Bosnian Serbs to the proper functioning of state institutions, and their re-commitment to taking all relevant steps set out in the European Commission's October 2022 recommendation for progress in the EU accession process."
The document lists actions that should be part of the EU's toolkit in resolving the crisis in BiH.
"Any project that Republika Srpska directly or partially benefits from within the Western Balkans Investment Framework should remain suspended. The Commission should refrain from proposing new projects beneficial to Republika Srpska," the document states.
The lifting of these measures would occur after the leadership of Republika Srpska takes "constructive actions", it states.
Such an approach is also being requested from the World Bank, with the assessment that bilateral financial assistance to projects that directly or partially benefit Republika Srpska should be suspended.
The EU should consider the targeted use of the framework for restrictive measures, given the situation in BiH, by adopting restrictive measures against individuals, the document states.
In the absence of consensus at the European level, national measures, including targeted individual measures such as national travel bans, should be examined and coordinated among EU member states, it said.
The EU and its member states, it is stated, should emphasize that the actions of Republika Srpska are contrary to BiH's European path and the interests of the population of BiH, including the population of Republika Srpska.
The "non-paper" indicates that information from the EU and its member states, sent to officials of the Republika Srpska government or Dodik's Alliance of Independent Social Democrats (SNSD), should be directed at "emphasizing the risk of further implementation of the unconstitutional course" of the Republika Srpska president.
"These communications should include messages of openness and the EU's readiness to defuse tensions as soon as a change in policy becomes visible, as well as engagement with the opposition and civil society in Republika Srpska. High-level contacts with convicted or indicted leaders of Republika Srpska (Milorad Dodik, Nenad Stevandić and Radovan Višković) should be suspended," the document states.
The "non-paper" is an updated document submitted on 3 November 2023 and was written in light of the conclusions of the EU's Political and Security Committee (PSC). These conclusions, agreed on 26 March 2025, paved the way for further active engagement by EU member states regarding the constitutional crisis in BiH.
Bonus video:
