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SARAJEVO, July 2 (FENA) – The Constitutional Court of Bosnia and Herzegovina (BiH CC) held today its 118th plenary session via web platform and the 111th session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina to consider a request for review of constitutionality and certain number of appeals.
At the today’s plenary session, the Constitutional Court adopted the following decision U-5/20 wherein the Constitutional Court rejected as inadmissible a request filed by 28 Delegates of the National Assembly of the Republika Srpska for review of the constitutionality of the Decision on Postponing the 2020 Local Elections, issued by the Central Election Commission of Bosnia and Herzegovina, for not being competent to take a decision, it is published on the official website of the BiH Constitutional Court.
Delegates of the SNSD caucus in the RS NA filed a request for the assessment of the constitutionality of the Decision of the CEC of BiH on postponing the holding of local elections in 2020.
The Constitutional Court noted in its decision that in this particular case related to the review of the legality of an act for which there was a judicial protection before an ordinary court (Court of BiH, in accordance with the jurisdiction of that court) and regardless of a possible conclusion that there was a violation of the law, in the proceedings before the Constitutional Court the legality of the general act could not be reviewed (as a bylaw), but the constitutionality, if the conditions already stated in the case-law of the Constitutional Court were met.
The Constitutional Court therefore concluded that there were no reasons for the Constitutional Court to depart from its case-law in interpreting jurisdiction, i.e. to declare itself competent to review the constitutionality of the challenged decision as a legal act of lower legal rank than the law, i.e. an act not explicitly stated in Article VI(3)(a) of the Constitution of Bosnia and Herzegovina.
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