Decisions taken by the BiH Constitutional Court must be respected. The authority of the Court is clearly defined in Annex 4 of the Dayton Peace Agreement which gives jurisdiction to the Court to resolve disputes between levels of government. In order to do so, the Court has today taken difficult decisions not to accept the request of the RSNA for review of its decision concerning the Law on Holidays and to suspend the decision on referendum adopted by the RSNA until it decides on its constitutionality. Today’s decisions show once more the importance of the Court in upholding the Constitution.
In this context, the High Representative calls upon the authorities in the RS to refrain from holding a referendum that has no legal basis and would directly violate the decision of the Court. This is not about RS holidays any longer but about directly challenging the State level judiciary. As the final authority on the civilian aspects of the Peace Agreement, the High Representative reiterates that the Constitutional Court is the cornerstone of Annex 4 to the Peace Agreement and is key to its implementation. Challenging its authority by holding the referendum would constitute a direct and serious violation of the GFAP, which affects the stability of the country.
The High Representative calls upon all parties to respect the decisions passed today by the BiH Constitutional Court, to refrain from escalating the issue and to focus on matters of vital importance for the country and its citizens.