BiH – Constitutional Court – Decision – Republika Srpska President Milorad Dodik said that January 9 remains Republika Srpska Day and that this date cannot be abolished by any court in BiH, including the BiH Constitutional Court, or anyone in Sarajevo.
Dodik told SRNA that it is impossible to abolish Republika Srpska Day since there is only one date when Srpska was formed, and this is January 9.
The Republika Srpska President said that today’s decision of the BiH Constitutional Court, which declared the Republika Srpska Law on Holidays unconstitutional, is unacceptable.
“This decision is unacceptable and is one of bad and unlawful decisions the BiH Constitutional Court made against Republika Srpska, decisions made by two Bosniak Muslims and three foreigners who undermined any autonomous and political will in Republika Srpska,” Dodik said.
He said that the same happened this time as well, when the Constitutional Court, using a mechanism of outvoting, abolished Republika Srpska Day, which is impossible to do.
“The BiH Constitutional Court is more a political than a legal body. It proved it by a number of decisions, such as the one on a coat of arms, the BiH Court and Prosecutor’s Office and many others, including the decision on the constitutionality of peoples. The BiH Constitutional Court is not a constitutional court, but a place where a political system is created and where political decisions are made, outside the Constitution and law,” said the Republika Srpska President.
Dodik said that some ten years ago, the Venice Commission ruled that the Republika Srpska Constitution is in line with the highest European standards.
“We now hear them speaking something completely different. Republika Srpska will have an answer to this issue, and I support the decision of the Republika Srpska Parliament and its conclusion,” Dodik said.
He reiterated that January 9 remains Republika Srpska Day and that no court in BiH, including the Constitutional Court, or anyone in Sarajevo can abolish this date.
“We will celebrate January 9 as Republika Srpska Day. We in Republika Srpska finally must become aware of what is this about. The Constitutional Court acted at the request of Bakir Izetbegovic,” the Republika Srpska President said.
Dodik explained that this decision was made at the moment when some are trying to impose November 25 as a holiday of the whole of BiH.
“The Republika Srpska Parliament was united and its response will be the same as when it made a decision on this initiative,” Dodik said.
He said that Republika Srpska cannot trust the bodies such as the BiH Constitutional Court which is trying to impose its decisions contrary to the will of Republika Srpska.
“There is not a country in the world where decisions of a constitutional court are declared inviolable and if you do not implement these decisions you are committing a crime. Something like that exists only here. They probably count on it, but I don’t know how they can sue the Republika Srpska Parliament, which, I am certain, will reject the decision,” Dodik said.
The BiH Constitutional Court today confirmed that the Republika Srpska Law on Holidays is not in line with the BiH Constitution and ordered the Republika Srpska Parliament to harmonise it with the Constitution six months after the decision is forwarded to it.
Upon the request of the Bosniak member of the BiH Presidency, Bakir Izetbegovic, to assess the constitutionality of the Republika Srpska Law on Holidays, the BiH Constitutional Court has ruled that Article 3b) of this Law is not in line with the BiH Constitution regarding the international convention on abolition of all forms of racial discrimination and the Protocol 12 of the European Convention on Human Rights and Fundamental Freedoms.
The Republika Srpska Parliament has adopted a Declaration which says that Republic Day will not be abolished even in case the BiH Constitutional Court rules that this state holiday is unconstitutional.