Germany says move by Bosnia's Serb entity violates Dayton Agreement

Mon, 3 Jul 2023 3:33 GMT
Decisions Bosnia and Herzegovina Constitutional Court binding, must be respected, says Foreign Ministry spokesman.
Germany says move by Bosnia's Serb entity violates Dayton Agreement

Germany said the move to annul the validity of the Constitutional Court’s decisions by Bosnia and Herzegovina's Republika Srpska entity violates the 1995 Dayton Peace Agreement.

The law adopted by the entity's National Assembly is another serious step toward the separation of the entity from the state, said Foreign Ministry spokesman Christofer Burger.

He said the move also puts the unity and territorial integrity of the country at risk.

The decisions of the court are binding and must be respected, stressed Burger, adding that the Constitutional Court in Bosnia and Herzegovina derives its authority and role directly from the Constitution of Bosnia and Herzegovina, which is a part of the Dayton Peace Agreement.

France also condemned the entity's decision, stressing that it is "inapplicable" in the entity.

"The decision is contrary to the Bosnian constitutional order and can have no legal effect," its Foreign Ministry said Thursday.

The National Assembly adopted the law with 56 out of 65 votes.

The Assembly decided last week not to publish decisions by High Representative Christian Schmidt in the Official Journal of the entity.

The Constitutional Court in Bosnia and Herzegovina consists of three Bosniak, three Serb and three Croat judges.

To overcome a crisis that emerged after two Serb judges withdrew and one was forced to retire on June 19, an extraordinary decision was made to hold a session without the participation of Serb members.

Bosnian Serb leader Milorad Dodik, who reacted harshly to the step by the Constitutional Court to pave the way for the functioning of the Court without the participation of Serb judges through a rule change, demanded that the decision be annulled.


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