MAZALICA: CHALLENGING THE DECISION APPOINTING CHIEF NEGOTIATOR WAS THE ONLY POSSIBILITY

BANJA LUKA, MARCH 27 /SRNA/ – Head of the SNSD Caucus in the Republika Srpska National Assembly Srđan Mazalica told SRNA that the incomplete Constitutional Court of BiH could not have ruled differently than what SNSD deputies had claimed, namely to challenge the decision on establishing the office and the procedure for appointing the chief negotiator with the EU.

Mazalica stressed that he does not consider the decision of the Constitutional Court of BiH favourable, but rather the only possible one. “There is a dilemma regarding the position of whether that task should be carried out by the Council of Ministers or the Presidency of BiH. We believe that the Parliamentary Assembly of BiH cannot do it,” Mazalica said. He adds that any decision will require the House of Peoples, the Council of Ministers and the Presidency of BiH, where SNSD has its representatives, without whom a decision will not be able to be adopted. Mazalica recalled that the SNSD Caucus submitted a request for a constitutional review of the decision of the House of Representatives of the Parliamentary Assembly of BiH on the appointment of the chief negotiator and the office of the chief negotiator, arguing that the House of Representatives cannot assume that role in the procedure without the House of Peoples, because the Parliamentary Assembly of BiH adopted the Law on the Council of Ministers according to which it appoints agencies, offices and similar bodies. “Therefore, that task can be performed by the Presidency of BiH or the Council of Ministers,” Mazalica concluded, adding that the Presidency of BiH is responsible for conducting foreign policy. He stated that the issue is that the Republika Srpska opposition, together with the Troika representatives, i.e. the new coalition majority which has passage through the House of Representatives but not through the House of Peoples or the Presidency of BiH, decided to adopt a decision where it has a majority, rather than where it is prescribed by the Constitution and laws. The incomplete Constitutional Court of BiH determined that the decision on establishing the office and the procedure for appointing the chief negotiator with the EU and his deputy is not in accordance with the Constitution of BiH, and ordered the Parliamentary Assembly of BiH to regulate this procedure within six months. The request for a constitutional review of this decision was submitted by the SNSD Caucus in the Republika Srpska National Assembly.