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English19/07/2019

GREATEST CONSTITUTIONAL-LEGAL CONFIRMATION OF ENTITY’S SOVEREIGNTY

 

BANJALUKA, July 19 /SRNA/ - Siniša Karan, a professor of constitutional law, has told SRNA that the mechanism for the protection of vital Entity interest, launched by the Serb member of the BiH Presidency Milorad Dodik, showed that the Republika Srpska National Assembly makes final decisions and that the Entities are crucial, primary and generic holders of sovereignty in BiH.

 

Karan has said that for the first time, the vital national interest of the Entity got the present dimension which exceeds all past uses of this mechanism and explanations of what it really means, and gives it essential constitutional confirmation.

“This is definitely the best affirmation of the Entity as a primary holder of sovereignty in BiH. This will be one of the most important decisions in the long run and the most important use of this constitutional mechanism in the past 25 years in BiH,” Karan said on Friday.

He has said that the last special session of the Republika Srpska National Assembly was called after Dodik used the specific mechanism for the protection of vital national interest of the Entity in the BiH Presidency.

“The session of the National Assembly was marked by two crucial and dominant aspects, one of which is huge and will become increasingly important in the future. The constitutional-legal position, place and role of an extraordinary mechanism of the protection of vital interest of the Entity were affirmed in a top way. Since the signing of the Dayton Agreement the protection of vital interest of the Entity has never been given such a dimension,” Karan said.

He has said that for the first time in constitutional practice, the mechanism was given another dimension since the BiH Constitution has not clearly defined a vital national interest of the Entity.

“It was created by the constitutional practice, but it has so far been reduced to a very narrow implementation and interpretation of the vital national interest of the Entity which pertained to a concrete decision or an act adopted by the Presidency which prompted the launching of the mechanism. Here, we have the case that it was launched outside a concrete decision which can be the subject of the vital national interest of the Entity. As of now, a practice should be introduced – of which Dodik spoke at the session - in relation to outvoting, meaning that every time when the Serb or any other member of the BiH Presidency is outvoted on issues for which a consensus is required by the Constitution, one should consider that the vital national interest of the Entity is violated,” Karan said.

Karan has said that for the first time, Dodik raised this mechanism to a level which belongs to it.

“A situation where the Republika Srpska National Assembly makes final decisions not only for the level of the BiH Presidency, shows who is the crucial, primary and generic holder of sovereignty in BiH. These are the Entities, their citizens and constituent peoples,” Karan said.

According to him, this is a top affirmation of primary holders of sovereignty in BiH from which BiH derives its sovereignty.

“This gives the right dimension to the structure of BiH as a particularly complex and specific state union of federal character and gives the Entities a specific constitutional-legal place in such a constitutional structure,” Karan said.

He has said that time will tell the significance of affirmation of the protection of vital national interests of the Entities.

“Every future Serb member of the BiH Presidency must launch the mechanism for protection of vital national interest of the Entity in every situation where he is outvoted on issues that are required by the Constitution and the BiH Presidency's Rules of Procedure to be adopted by consensus. I remind you that the consensus is the basic principle on which BiH rests, along with parity in the formation of joint institutions,” Karan said.

He recalled the mechanism for the protection of vital national interest through the Entity vote in the BiH House of Representatives.

“However, it is partially narrowed first of all because there are 14 members from Srpska. The strength of protection here is in the fact that it is placed in the National Assembly which is the representative of the people,” Karan said.

He has said that the session of the National Assembly showed the lack of political culture and showed abuse of representative democracy.

“The abuse was shown in the process and procedural aspects. The National Assembly must urgently think of its procedures and the Rules of Procedure which are abused in a formal way. During a parliamentary debate, basic human rights and freedoms of all who listened to it, not only of those in the National Assembly but of all those who watched it on TV, were violated. Democracy was abused and rights of those who listened to it were directly violated as personal insults were uttered,” Karan said.

“The worst thing is that those who demonstrated the lack of political culture and who vulgarized a parliamentary democracy did not understand the long term importance of the issue that was raised for Srpska and its institutions, and particularly for the most important institutions such as the National Assembly,” Karan said. /end/sg