News in English     | 07.01.2021. 13:15 |

Komšić files an appeal for constitutional review of Residence Law

FENA Press release

SARAJEVO, January 7 (FENA) - Member of the Presidency of Bosnia and Herzegovina, Željko Komšić, sent a request to the Constitutional Court of Bosnia and Herzegovina to review the constitutionality/compliance of certain provisions of the Law on Residence and Stay of BiH Citizens, adopted in 2015, his office announced.

The reasons for applying are that someone's property status cannot be the basis for determining anyone's rights and fundamental freedoms, which is not in accordance with the Constitution of Bosnia and Herzegovina, as well as international conventions that are an integral part of the constitution, such as the European Convention for the Protection of Human Rights and Fundamental Freedoms and as many as 15 international conventions that are part of Annex I of the Constitution of Bosnia and Herzegovina.

As it was said, in such an environment, in which one's property status is the basis for granting the right to residence, it is extremely discriminatory and creates opportunities for a large number of citizens of Bosnia and Herzegovina to be left without other rights arising from the registration of residence, such as the right to work, education, health and social insurance and other rights.

“Five years of implementing the disputed provisions of the Law on Residence and Stay of BiH Citizens, it became known that a large number of citizens would lose their previously acquired right of residence, and thus their legal personality within the legal system of Bosnia and Herzegovina, which is inadmissible. For these reasons, this request for constitutional review/compliance with the Constitution of Bosnia and Herzegovina is completely different from the one that was the subject of review by the Constitutional Court of Bosnia and Herzegovina in 2015, i.e. this is a completely new request for constitutional review of the Law on Residence and Stay of BiH Citizens, with a different legal basis and factual situation. I want to believe that the Constitutional Court of Bosnia and Herzegovina will prove to be an institution that protects human rights and fundamental freedoms and will not allow the continued implementation of controversial provisions of the law, which may deprive previously acquired rights,” said Komšić.

(FENA) A. B.

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