Politics

Bosnian Serb court ban undermines the constitution, warns EU

Milorad Dodik, the president of Republika Srpska, a constituent part of Bosnia and Herzegovina. Photo: Miomir Jakovljevic/Anadolu via Getty Images
Milorad Dodik, the president of Republika Srpska, a constituent part of Bosnia and Herzegovina. Photo: Miomir Jakovljevic/Anadolu via Getty Images
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The EU has accused Bosnia’s Serb-majority region of undermining the country’s constitution after it banned the centrally-run judicial system from operating on its territory.

Lawmakers in the autonomous Republika Srpska province passed the controversial legislation last month in response to a Sarajevo court’s decision to sentence the regional president Milorad Dodik to jail.

They also introduced punishments for those who defy the ban.

Dodik, who was also asked by the court to resign his post, had been found guilty guilty of approving laws that contradicted rulings by the constitutional court and an international peace envoy. He did not attend the hearing, and is still in power.

As part of the settlement to end the 1992-1995 war in Bosnia, the country was split into two semi-independent entities – the Serb-dominated Republika Srpska, and the Federation of Bosnia and Herzegovina, populated mainly by Bosniaks and Croats.

A supporter of the Serb region becoming part of neighboring Serbia, Dodik has argued that certain pan-Bosnian institutions are illegitimate.

But the European Union’s diplomatic service, in a statement released on Thursday, said the laws passed by Republika Srpska “undermine the constitutional and legal order” of Bosnia and “threaten fundamental freedoms of its citizens.”

“Political pressure on public officials to leave state-level institutions must end,” it said, in reference to the legislation punishing continued cooperation with centrally-run state organizations.

It continued: “Republika Srpska, as other entities, must comply with the Constitution of Bosnia and Herzegovina and the country’s laws, and respect the competences and decisions of the country’s institutions, including the Constitutional Court, High Judicial and Prosecutorial Council, Court, Prosecutors’ Office as well as the State Investigation and Protection Agency.”

The EU urged Dodik and Republika Srpska leaders to “refrain from and to renounce provocative, divisive rhetoric and actions, including questioning the sovereignty, unity and territorial integrity of Bosnia and Herzegovina.”

Bosnia has applied to join the EU, and negotiations – which can take years – started in 2024. Diplomats in Brussels warned that the recently-passed laws contradict commitments the country has made during the accession process.
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