FBiH entity President to appoint Constitutional Court judges

NEWS 12.08.2022 13:30
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Marinko Čavara
Source: Marinko Čavara (N1)

President of Bosnia's Federation entity (FBiH) Marinko Cavara sent a letter to international peace envoy Christian Schmidt on Friday, informing him that he will act in line with the Constitution and appoint judges of the Federation's Constitutional Court, as previously adviced by Schmidt.

The announcement comes days after Schmidt, the international community's High Representative in Bosnia and Herzegovina, sent a letter to the Federation's President and Vice Presidents as well as the Federation Parliament leadership, urging them to appoint the Constitutional Court's judges.

Schmidt, who oversees the implementation of the 1995 Dayton Peace Agreement and has special powers to dismiss officials and impose laws, expressed disappointment over the failure to appoint judges and the court's Vital Interest Panel, which he said directly impacted the work of the court.

In his reply to Schmidt, Cavara agreed this was a matter of urgency and that, therefore, he will act in line with the Constitution, expecting Schmidt's support.

However, he also pointed out other problems in the Bosniak-Croat shared part of the country, asking the international envoy to act in a “balanced, rightful, fair and concrete” manner and threat those issues with the same urgency.

Cavara emphasised that the lack of the judges in the Constitutional Court is a result of the lack of political agreement on “crucial matters, which is well-known,” and that for the same reason new President, Vice Presidents or Government of the Federation entity have not been appointed either after the 2018 elections.

He also pointed out irregularities in the Election Law, as some of the many problems, which were determined by the Constitutional Court of Bosnia and Herzegovina but which have not been eliminated to date.

Other problems include irregular work of the Federation's public broadcaster RTV FBiH, which has, according to Cavara, made it “an instrument in hands of one political party,” as this broadcaster has been operating for 10 years without a steering board, statute or director.

He also noted that the Federation's Police Administration Director is not appointed in line with law for the past eight years.

“All those who use the appointment of judges of the Constitutional Court of the Federation of BiH as an alibi for all illegalities in the Federation of BiH and BiH – will not have any further possibility of abusing the political space, as in accordance with the Constitution of the Federation of BiH, as I stated, I will appoint four judges of the Constitutional Court of the Federation of BiH and send it to further procedure in the shortest period of time ahead of us, and I expect your support in that”, said Cavara.

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