News in English     | 13.06.2023. 11:26 |

Non-execution of decisions concerning the protection of constitutionality is still a problem in BiH

FENA Hana Imamović, Photo: Harun Muminović

JAHORINA, June 13 (FENA) - A large number of decisions of the Constitutional Court of Bosnia and Herzegovina are implemented but a significant number, especially decisions related to the protection of constitutionality and which have political and legal consequences, have not been implemented for several years, President of the Constitutional Court of BiH Valerija Galić told journalists today.

She opened the conference on the "Execution of Decisions of the Constitutional Court of BiH" which is being held today in Jahorina. The conference will review the situation with the non-execution of the decisions of the Constitutional Court, which are final and binding and a partnership dialogue will be provided, and concrete answers and solutions which could bring progress will be offered.

She expressed her disappointment with the representatives of the legislative power because a small number of them responded to the call as if they did not recognize themselves in the role they have in the field of execution of the decisions of the Constitutional Court.

She stated that the Constitutional Court of BiH has been faced with numerous problems lately, but regardless, they resolved 539 cases in two plenary sessions.

Presenting preliminary data from the annual report of the Constitutional Court's decisions on the execution or non-execution of decisions, Galić emphasized that they issued 984 orders for execution, and about 80 percent of them refer to the violation of rights within a reasonable time and compensation for non-material damages.

The total number of decisions that the Constitutional Court of Bosnia and Herzegovina receives is around 5,500 cases and it resolved 5,000 cases within a year and a half. Galić also said that it can be concluded that many decisions of the Constitutional Court are implemented.

She also warned about the actions of the Prosecutor's Office of BiH, to which the Constitutional Court submitted 24 cases for abstract control from 2000 until today and issued a decision on non-execution but the Prosecutor's Office of BiH issued an order not to investigate 11 cases while there was no information on others.

Head of the EU Delegation in BiH, Ambassador Johann Sattler, emphasized that the work of the judiciary is very important in the context of the integration of BiH into the European Union and announced that cooperation will be intensified in the coming period, especially taking into account the difficult conditions in which the Constitutional Court works.

He says that this topic is very important for EU integration, because in every democratic society, there must be the last instance, and it is neither the executive nor the legislature, but the judiciary, and the Constitutional Court of BiH as the highest court in BiH is of great importance.

"That is why the decisions must be respected because it has implications for the whole society. It's not only technical matters, but there are political consequences and consequences for all citizens in BiH, but when it comes to decisions in the field of constitutionality, most of them require political will," said Sattler.

He reminded that it is important for a country that wants to be part of the EU to have a functional judiciary, adding that 16 or 17 cases that have not been carried out, which concern constitutionality, are in the jurisdiction of all levels of government without exception.

(FENA) A. B.

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