When will the Constitutional Court of BiH decide on Completion of Federal House of Peoples?

January 21, 2019 7:00 PM

The Constitutional Court of Bosnia and Herzegovina (BiH) will decide on the request for review of the constitutionality of the Instructions of the Central Election Commission (CEC) on the completion of the House of Peoples of the Parliament of the Federation of BiH on January 31st.

“The President of the Constitutional Court of BiH has given priority to solving the claim in question. If all the relevant conditions are met, the request will be considered at the upcoming plenary session of this court scheduled for January 31st,  2019,” was confirmed for Klix.ba news portal.

The Central Election Commission of BiH adopted the FBiH Peoples’ Manual to use the 2013 Census and Principle 1/1/1, which implies that at least one Bosniak, one Serb and one Croat from every canton if they are elected.

Representatives of the parties, have earlier pointed out that such instructions divide Bosnia and Herzegovina into three ethnic states, and that the FBiH Constitution has clearly specified that only a 1991 list could be used.

Earlier in January, Delegation of the EU to BiH said that the efforts of political parties should focus on the establishment of new authorities, starting with the election of delegates to the new Federation House of Peoples by the cantonal assemblies.

“We, therefore, urge the cantonal assemblies that have not done so to fulfill their constitutional obligations and elect their delegates without further delay.”

Having in mind that the general elections have taken place and been certified, the old House of Peoples lacks democratic legitimacy to make decisions, particularly on important issues like the adoption of the budget.

Beside the legal questions concerning such decisions, the adoption of the budget by the old House of Peoples would also set a dangerous precedent, which could be abused to further delay the formation of authorities in BiH, which is unacceptable.

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