Justice Min refuses to register BiH Academy of Sciences and Arts as legal entity

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Source: N1

Bosnia’s Justice Ministry, headed by Minister Josip Grubesa, refuses to register the Academy of Sciences and Arts of Bosnia and Herzegovina (ANU BiH) as a legal entity and to implement a Constitutional Court ruling requesting a new decision on the matter.

According to the explanation of the Justice Ministry, the ANU BiH was not established by Bosnia’s institutions after December 14, 1995, but by the Socialist Republic of Bosnia and Herzegovina – which implies that Grubesa is saying BiH did not exist before 1995.

However, according to Article 1 of Bosnia’s Constitution, “The Republic of Bosnia and Herzegovina, the official name of which shall henceforth be “Bosnia and Herzegovina,” shall continue its legal existence under international law as a state, with its internal structure modified as provided herein and with its present internationally recognized borders.”

ANU BiH President, Muris Cicic, said the reason the request for registration is being obstructed is that it is for the state level.

He argued that the “continuity of BiH from 55 years ago, when a special law was passed according to which the academy was organized” is still valid and that this was confirmed by the Constitutional Court.

Cicic announced that ANU BiH will most likely submit a criminal complaint against Grubesa for not implementing the Constitutional Court decision.

The Court’s decision said that the rejection of ANU BiH’s request for registration is “contrary to the constitutional democratic principle and the principle of continuity of legal regulations from Article 2 of Annex II of the Constitution of Bosnia and Herzegovina.”

“I don't know what motives Minister Grubesa was guided by, but certainly not legal ones. There is an obligation in accordance with the principle of continuity of legal regulations to re-enter the ANA BiH in the register of legal entities,” said Deputy Justice Minister, Nezir Pivic.

The Office of the High Representative (OHR), the foreign official overseeing the civilian implementation of the 1995 Dayton Peace Agreement, also reminded that the Court ordered the ministry to annul its previous decision and reach a new one on the matter urgently.

According to academician Slavo Kukic, the real reason behind Grubesa’s refusal to implement the Court’s order is an attempt to undermine the state.
“He is just a pawn in the execution of one of the three ethno-nationalist philosophies,” Kukic said.

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