The “War” on foreign judges in BiH Constitutional Court continues

The “War” on foreign judges in BiH Constitutional Court continues

The dispute of the Serb member of the BiH Presidency, Milorad Dodik, with two other members of tripartite institution, Chairman Željko Komšić (Croat) and Šefik Džaferović (Bosniak), continues with the accusations of “unconstitutional work”. In fact, with the last development, it seems that Dodik tries to send the ball on the international territory, and to involve the European Court of Human Rights in the case.

Dodik sent a letter to the President of the European Court of Human Rights, Linos-Alexandre Sicilianos, complaining that he was not informed on Sicilianos’ intent to appoint Angelika Nussberger as an international member of the BiH Constitutional Court. Dodik recalls that Article 6 item 1a of the BiH Constitution requires the president of the European Court to elect three members of the BiH Constitutional Court”, after consulting with BiH Presidency members”.

“Željko Komšić, the current Chairman of the BiH Presidency, did not inform me of your letter dated November 18, 2019 and of your election of Mrs. Nussberger as a candidate for a position of a member of the BiH Constitutional Court, nor of your request to consult with the BiH Presidency regarding your choice of candidates, according to the BiH Constitution”, Dodik stressed in the letter.

He added that Komšić did not inform him about the letter Komšić sent to President of the European Court of Human Rights in Strasbourg, Sicilianos, on December 20 last year, citing that he would consult with the two other Presidency members in accordance with the Constitution.

“Komšić has never consulted with me, nor, as far as I know, with Šefik Džaferović, although he was obliged to do so in accordance with the Rules of Procedure of the BiH Presidency and the Constitution of BiH”, Dodik says in the letter to Sicilianos.

By failing to inform the other two Presidency members about his letter and the content of it, Dodik said Komšić had seriously violated the BiH Constitution and the Rules of Procedure of the BiH Presidency and created a dangerous precedent that called into question the normal functioning of the BiH Presidency.

“In this way, he questioned the appointment of Mrs. Nussberger as a member of the Constitutional Court of BiH, as the BiH Presidency never formally expressed an opinion on your proposal”, emphasized the Serb member of the BiH Presidency.

A few days ago, Dodik raised the issue of Sicilianos’ letter at a BiH Presidency session, but Komšić’s answer was that the other two members “do not open the mail”.

In the meantime, the draft Law on the Constitutional Court BiH, which does not recognize foreign judges, has been tabled in parliament for consultation./ibna