Only a BiH citizen with the right to vote who is a prominent jurist of high moral standing can be elected judges of the Constitutional Court of BiH, writes in the Proposal of the Law on termination of the mandate of foreign judges and the election of domestic judges to the BiH Parliament by parliamentarians from Srpska.
The Bill states that the three judges elected by the President of the European Court of Human Rights will terminate their mandate by completing the procedure for the election of three domestic judges.
– Judges elected by the President of the European Court of Human Rights remain in office until the procedure for selecting domestic judges has been completed – this legal decision states.
The bill stipulates that the election of national judges to replace the parties will be done by one being elected by the National Assembly of the Republic of Srpska and two judges by the House of Representatives of the Federation of BiH Parliament, Euroblic writes.
The explanatory note to the Bill states that the constitutional basis for its adoption is the provisions of the BiH Constitution, which states that three judges elected by the President of the European Court of Human Rights should be elected in a different way after more than five years.
– After 15 years, the Parliamentary Assembly of BiH has not adopted a law that would otherwise prescribe the election of three judges from the expiration of that term, and it was, therefore, necessary to pass this law. The procedural jurisdiction of the BiH Parliamentary Assembly is set out in the BiH Constitution – stated in the explanation.
When it comes to the reasons for passing the law, proponents consider it unusual in comparative constitutionality that a country’s highest court has foreign national judges and that ending this practice is necessary from the standpoint of state sovereignty and democratic principles.
– As an independent and independent body, the Constitutional Court of BiH should represent the institution in which the state sovereignty of BiH came to the fore. With the aim of further strengthening the independence and independence of the Constitutional Court, as well as the conscientious, impartial and professional work of judges, one of the reasons is to replace foreign judges in the Constitutional Court of BiH with domestic judges in order to strengthen domestic institutions. integration – writes in the explanation.
For the implementation of this law, it was stated in the explanation, the budget of the institutions of BiH does not need to provide additional money since the budget of the Constitutional Court of BiH still allocates funds for salaries and allowances of international judges.
SNSD Member of Parliament’s House of Representatives in the House of Representatives of BiH Parliament Snježana Novaković Bursać believes that the bill could be in the process of a few days, stating that the principles of this law had been previously agreed with the representatives of the HDZ BiH.
– This law should not be confused with the need to pass a law on the Constitutional Court of BiH, because it defines only the departure of foreign judges and the appointment of local judges instead of them – said Bursać.
The obligation to adopt laws on the termination of the term of office of foreign judges and the election of domestic judges to the Constitutional Court of BiH stems from the conclusions adopted by the National Assembly of Republic of Srpska by the votes of the authorities and the opposition at a special session held on Monday, February 17th.