SELAK: BiH CONSTITUTIONAL COURT DECISION SHOWS THAT LAW IS SUBORDINATED TO POLITICS, NOT THE CONSTITUTION

BANJA LUKA, JULY 3 /SRNA/ - Commenting on the BiH Constitutional Court's decision rejecting the appeal concerning the application of amendments to the Criminal Code of BiH imposed by Christian Schmidt, Republika Srpska Minister of Justice Goran Selak said that it is clear the court does not decide based on the Constitution but has subordinated the law to political objectives.

Selak said he would provide a detailed legal assessment after the full text of the decision and its reasoning are published. "However, it is already clear that the Constitutional Court of BiH does not rule solely based on the Constitution of BiH, applicable laws, and European legal standards, but instead leaves the impression that the law is subordinated to political objectives. Such an approach seriously undermines confidence in the judiciary and the constitutional order," Selak said. He stressed that it is legitimate to ask how criminal legislation can impose sanctions for failing to comply with the decisions of a single individual, and how such a legal solution can be upheld by the Constitutional Court of BiH. "Does this introduce a legal principle under which the will of a single individual stands above democratically established institutions and the legislative process? Throughout history, emperors and kings enjoyed special protection under criminal law, but modern European democracies are founded on the rule of law, the separation of powers, and laws enacted by competent parliaments, not by individuals," Selak said. Selak added that it is difficult to find an example anywhere in the contemporary democratic world, whether in Europe, Africa, or Asia, where a foreigner can impose criminal legislation by personal decision and where the highest judicial authority considers such a practice to be consistent with the constitutional order, the Republika Srpska Ministry of Justice said in a press release. "BiH is a member of the Council of Europe and a signatory to the European Convention on Human Rights. For that very reason, one would expect the highest standards of constitutional protection, legality, and legal certainty to be applied consistently. If this model is being presented as a European standard, then it is legitimate to ask what message is being sent about BiH as a state that should be founded on the rule of law rather than on the will of any individual," Selak said. He concluded that, once the full text of the ruling is published, the Republika Srpska Ministry of Justice will conduct a thorough legal analysis and present a reasoned position to the public, addressing all constitutional and international legal aspects.