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The Republic of Srpska Parliament: Foreign Judges Must Leave the BiH Constitutional Court

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At a special session, the National Assembly of the Republic of Srpska adopted Information on the Anti-Dayton Action of the Constitutional Court of BiH and eight conclusions.

The information was proposed by Republic of Srpska President Željka Cvijanović, following a recent decision of the Constitutional Court of BiH on agricultural land, and the Conclusions were agreed at a consultation meeting convened by Republic of Srpska Parliament Speaker Nedeljko Čubrilović.

With 72 votes in favor and 2 against, the National Assembly adopted the Information on the Anti-Dayton Action of the Constitutional Court of BiH.

Parliament adopted with 70 votes in favor and two against the Constitutional Court’s Conclusions on Anti-Dayton Action, which were agreed by the presidents of parliamentary parties Milorad Dodik (SNSD), Mirko Šarović (SDS), Branislav Borenović (PDP), Nenad Nešić (DNS), Petar Dđokić (SP), Nedeljko Čubrilović (DEMOS), Dragan Čavić (NDP) and Nenad Stevandić (US).

Conclusions regarding the anti-Dayton action of the Constitutional Court of BiH:

1. The Republic of Srpska National Assembly reaffirms the Republic of Srpska’s adherence to the General Framework Agreement for Peace in BiH, in particular the original text of the Constitution of BiH as Annex 4.

2. The National Assembly of the Republic of Srpska obliges the representatives of the Republic of Srpska in the institutions of BiH to propose in the BiH Parliamentary Assembly the adoption of the Law on Cessation of Foreign Judges and the Election of Domestic Judges in the Constitutional Court of BiH.

3. The Republic of Srpska National Assembly shall mandate the Government of the Republic of Srpska to continue the earlier negotiations with the Government of the Federation of Bosnia and Herzegovina with a view to defining the borderline between the Republic of Srpska and the Federation of BiH, in accordance with Annex 2 of the General Framework Agreement for Peace in BiH.

4. The National Assembly of the Republic of Srpska obliges the representatives of the Republic of Srpska in the institutions of BiH to suspend the adoption of any decision in the BiH authorities until the adoption of the Law on the Termination of the Foreign Judges and the Election of Domestic Judges in the Constitutional Court of BiH and its entry into force.

5. The Republic of Srpska National Assembly emphasizes that the Republic of Srpska is a party to all Annexes to the General Framework Agreement for Peace in BiH, and therefore to Annex 4, which is the Constitution of BiH.

6. The Republic og Srpska National Assembly confirms that the High Representatives and the Constitutional Court of BiH violated the Dayton Agreement and the Constitution of BiH, thereby altering the political system contrary to the General Framework Agreement for Peace in BiH, which is a treaty of international legal character.

7. The National Assembly of the Republic of Srpska obliges all institutions of the Republic of Srpska not to accept and implement any future anti-Dayton and undemocratic decisions of the High Representative and the Constitutional Court of BiH.

8. The National Assembly of the Republic of Srpska requests that the representatives of the Republic of Srpska in the joint bodies of BiH inform the National Assembly of the implementation of these conclusions within 60 days.

 

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