Bosnia’s Constitutional Court repeals controversial immovable property law

BELGRADE, Serbia

Bosnia and Herzegovina’s Constitutional Court on Thursday repealed a controversial immovable property law in the Republika Srpska (RS) entity.

The court’s decision came after the High Representative of Bosnia and Herzegovina announced Monday that he had suspended the law a day before it was expected to come into force.

A statement from the court said the law was temporarily repealed and that the decision was not taken unanimously, with one of the judges objecting.

Previously, the Constitutional Court ruled that the management authority of public properties belongs to the entity and the property rights belong to the state of Bosnia and Herzegovina.

Milorad Dodik, the president of Republika Srpska, lamented the decision.

“Today’s decision of the constitutional court is shameful and unfair. It shows that they do not know what to do, but we know very well what to do. We will fight for the properties belonging to the RS,” said Dodik.

He added that the RS assembly will show the necessary reaction and draft a new law.

“We are not ready for concessions,” said Dodik.

Bosnia and Herzegovina Security Minister Nenad Nesic said the decision was taken in the shadow of the High Representative and Bosniak politicians.

RS National Assembly President Nenad Stevanovic also argued that High Representative Christian Schmidt humiliated himself with the decision of the Constitutional Court.

The high representative has the authority to dismiss anyone who interferes with peace implementation in the country, including members of the Presidential Council, and to pass laws as necessary. The powers are dubbed “Bonn powers.”

Arguing that the immovable properties belong to the entities according to the Dayton Peace Treaty, which ended the war in Bosnia and Herzegovina, RS said the administration of the properties is also theirs under the said law.

While the unconstitutional law on immovable properties was expected to enter into force on Feb. 28, the public institutions used by the RS under the law are claimed to be “part” of them.

• Bosnia and Herzegovina
• Christian Schmidt
• immovable property law
• Milorad Dodik
• Nenad Nesic
• Nenad Stevanovic
• Republika Srpska