BUKEJLOVIĆ: COURT DID NOT SUPPORT POLITICAL ACTIVISM DISGUISED AS LEGAL APPLICATION

BANJA LUKA, JUNE 26 /SRNA/ – Republika Srpska Justice Minister Miloš Bukejlović told SRNA that the European Court of Human Rights’s decision on Kovačević v. BiH case affirms the constitutional structure and equality of the constituent peoples in BiH, emphasizing that the Court did not support political activism disguised as a legal application.

Bukejlović pointed out that the Court found no discrimination as it was being sought where it does not exist. “The decision of the Grand Chamber of the European Court of Human Rights in the Kovačević v. BiH case is extremely important for the entire constitutional and political order of BiH. This ruling is significant because the Chamber recognised that the constitutional structure of BiH is based on the equality of its constituent peoples and that any imposition of solutions that would undermine this structure is not in accordance with the European Convention on Human Rights,” Bukejlović emphasized. He noted that the Court, adhering to strict procedural standards, determined that the applicant had not exhausted available domestic legal remedies, had abused the right to file an application, and, most importantly, did not have the status of a victim. “This confirms that the initial ruling, which challenged fundamental constitutional principles of BiH, was legally unfounded,” Bukejlović added. The Minister particularly highlighted the broader context of this decision, considering that the Kovačević case is part of a series of cases before the European Court concerning the Electoral Law, including Sejdić-Finci, Zornić, and others. “This ruling represents a turning point because it shows that not every abstract claim of discrimination is sufficient to establish a violation of human rights. The Court clearly delineated the boundary between political demands and the protection of rights guaranteed by the Convention,” Bukejlović stated. He stressed that only through internal dialogue and political agreement within the constitutional framework and with equal participation of all constituent peoples and entities, can all contentious issues in BiH be resolved. “For a stable and functional BiH, it is essential that all three peoples, as well as all levels of government, participate actively in constructive and equal dialogue. The ruling in the Kovačević case shows that this path is not only legitimate but also necessary,” Bukejlović concluded. The European Court of Human Rights had initially ruled that Kovačević was discriminated against because, as a resident of the Federation of BiH, he could not vote for the Serb member of the Presidency nor equally participate in the election of deputies to the House of Peoples. Following an appeal by BiH, the Grand Chamber issued a final judgment on June 25, 2025, determining that Kovačević’s complaints were outside the scope of the case, that he had abused the right to apply, and that he did not have victim status under the Convention.