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Having regard to Article VI.3.(a) of the
Constitution of Bosnia and Herzegovina and Article 55 of its Rules of Procedure, the
Constitutional Court of Bosnia and Herzegovina (Official Gazette of Bosnia
and Herzegovina, No. 2/97) on 22 December 1997, adopted the following
DECISION
The Constitutional Court rejects the request
of the Croatian 1861 Law Party (Hrvatska stranka prava 1861) and of the
Bosnia-Herzegovina 1861 Law Party (Bosansko-Hercegovacka stranka prava 1861)
to review the constitutionality of the General Framework Agreement for
Peace in Bosnia and Herzegovina, of the Agreement on Special Parallel
Relations between the Federal Republic of Yugoslavia and Republika Srpska,
of the Conclusions of the National Assembly of Republika Srpska not to
accept Refugees of non-Serb Nationality and of the "Decision" of
the Presidency of the Bosnia and Herzegovina on dual citizenship, as well
as the request to confirm the ban on the activities of the Serb Democratic
Party, in accordance with the 1992 Decision of the Supreme Court of the
Republic of Bosnia and Herzegovina.
The Decision shall be published in the
Official Gazette of Bosnia and Herzegovina, the Official Gazette of the Federation of Bosnia
and Herzegovina and the Official Gazette of Republika Srpska.
REASONS
On 7 July 1997 the Croatian 1861 Law Party requested the Constitutional Court to examine whether the General Framework
Agreement for Peace in Bosnia and Herzegovina is in accordance with Article 398 of the
Constitution of the Republic of Bosnia and Herzegovina. They allege that it was not in accordance with
the Constitution of the Republic of Bosnia and Herzegovina and with International Law.
On 13 October 1997 the Croatian 1861 Law Party and the Bosnia-Herzegovina 1861 Law Party requested the Constitutional Court again to review the constitutionality of the
General Framework Agreement for Peace in Bosnia and Herzegovina. They allege that the agreement violates the
Constitution of Bosnia and Herzegovina, that it will undermine the integrity of the
state and that it will cause the dissolution of Bosnia and Herzegovina.
The initiators of the dispute further
requested the Constitutional Court to annul the Agreement on Special
Parallel Relations between the Federal Republic of Yugoslavia and Republika
Srpska because it would seriously violate the territorial integrity and the
political independence of Bosnia and Herzegovina, to annul the Conclusions
of the National Assembly of Republika Srpska not to accept Refugees of
non-Serb Nationality, because it would prevent Bosniaks and Croats from
returning to their homes, to annul the "Decision" of the
Presidency of Bosnia and Herzegovina on dual citizenship, because it would
enable neighbouring countries to annex parts of the territory of Bosnia and
Herzegovina. They further requested the Court to confirm the ban on the
activities of the Serb Democratic Party, in accordance with the Decision of
23 June 1992 of
the Supreme Court of the Republic of Bosnia and Herzegovina.
Regarding the request to review the
constitutionality of the General Framework Agreement for Peace in Bosnia and Herzegovina, the Constitutional Court notes that the Constitution of Bosnia and Herzegovina forms Annex IV of the General Framework
Agreement. The Court finds that the General Framework Agreement cannot,
therefore, possibly contradict the Constitution of Bosnia and Herzegovina.
Moreover, the Constitutional Court is not competent to evaluate the
constitutionality of the General Framework Agreement as the Court has in
fact been established under the Constitution of Bosnia and Herzegovina in order to uphold this Constitution.
Regarding the request to review the
constitutionality of the Agreement on Special Parallel Relations between
the Federal Republic of Yugoslavia and Republika Srpska, of the Conclusions
of the National Assembly of Republika Srpska not to accept Refugees of
non-Serb Nationality and of the "Decision" of the Presidency of
Bosnia and Herzegovina on dual citizenship, as well as the request to
confirm the ban on the activities of the Serb Democratic Party, the
Constitutional Court notes that it is only competent, according to Article
VI.3 (a) of the Constitution of Bosnia and Herzegovina, to decide over the
dispute if it had been referred to the Court by a member of the Presidency,
by the Chair of the Council of Ministers, by the Chair or Deputy Chair of
either chamber of the Parliamentary Assembly, by one-fourth of the members
of either chamber of the Parliamentary Assembly, or by one-fourth of either
chamber of a legislature of an Entity. The Constitutional Court finds that the Croatian 1861 Law Party and the Bosnia-Herzegovina 1861 Law Party are not included amongst those persons and
institutions which may initiated proceedings
before the Constitutional
Court.
Moreover, the Constitutional Court notes that the Presidency of Bosnia and Herzegovina has not issued a "Decision" on dual
citizenship, but that this issue derives directly from the Constitution of
Bosnia and Herzegovina. According to Article 27 of the Constitutional Court’s Rules of Procedure the Court may not decide this
issue.
Consequently, the Constitutional Court rejects the present request.
The Court ruled in the following
composition:
Mirko Zovko, President of the Constitutional Court,
judges Prof. Dr. Kasim Begic, Hans Danelius, Prof. Dr. Ismet Dautbasic,
Prof. Dr. Joseph Marko, Zvonko Miljko and Prof. Dr. Vitomir Popovic.
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