News in English     | 12.02.2020. 17:00 |

Mahmutović: We’ll submit a new request to CC BiH to protect state property

FENA Hana Imamović

SARAJEVO, February 12 (FENA) - The Bosniak caucus in the Republika Srpska Council of Peoples will submit a new request to the Constitutional Court of Bosnia and Herzegovina to review the constitutionality of the Law on Property Rights, or Article 324, paragraph II, concerning state property over which the State of BiH has exclusive rights.

Deputy Minister for Human Rights and Refugees and until recently, a member of the Bosniak caucus in the RS Council of Peoples Dževad Mahmutović, in an interview with FENA, explained that in 2010, the entity of RS tried to resolve the issue of state property with a single law that would cover all the state property, but in 2012, the Constitutional Court overturned the law.

“After such a situation emerged, they are now trying to partially address this issue, among other things, they have done it with the Law on Agricultural Land, the Law on Inland Navigation, and they have done the same with the amendments to the Law on Property Rights,” explains Mahmutović.

That disputed article of the Law on Property Rights stipulates that the holders of the rights to manage, use and dispose of state-owned real estate are the entity of Republika Srpska, local self-government units and public enterprises.

This means, Mahmutović further explains, that under the said law, the state property is being handed over to that entity in Bosnia and Herzegovina, the local communities, public enterprises and other institutions to manage it.

“But, they are not entitled to it. It is state property that under the decisions of the Constitutional Court, but also by the Constitution and the Succession Agreement, is solely under the jurisdiction of the State of BiH and this matter can only be resolved in the BiH Parliamentary Assembly. All their attacks cannot produce any legal effect,” said Mahmutović.

He underlined that the RS representatives cannot exhort legal violence and that representatives of the Bosniak people in that entity are sitting and doing nothing, waiting for the RS to have pity on them,” Mahmutović underlined, noting that the RS entity is an integral part of Bosnia and Herzegovina that was created under the Dayton Peace Agreement.

He emphasized that the decisions of the Constitutional Court of BiH, including those concerning state property, are final and binding as prescribed by the Constitution of BiH, and urged the representatives of the authorities in Republika Srpska to turn to the procedures in the manner prescribed by the BiH Constitution and the laws of BiH.

He also called for consistency in their views and positions, reminding them that the Constitutional Court and its structure are an integral part of the Dayton Peace Agreement and that this document could only be modified in parliamentary procedure.

“There is no reason for anyone to be angry and to be deciding on anything anywhere else but in the BiH Parliament and the BiH institutions. The request for the review of constitutionality has been prepared and it is likely to be submitted to the Constitutional Court next week,” he said.

Also, a new request is being prepared to go before the Constitutional Court regarding the Law on Usurpation Rights and Veteran Land Benefits, because the entity of RS is attempting yet another attack on the private property of the individuals whose property had been confiscated in the past,” said Mahmutović.

“Persons who file claims with the Constitutional Court use legally allowed mechanisms which were made available to them under the Dayton Peace Agreement,” Mahmutović concluded.

(FENA) S. R.

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