prijava
BANJA LUKA, February 8 (FENA) – Party of Democratic Action (SDA) MP Senad Bratić, addressing today's session of the Republika Srpska National Assembly, said the proposed law on 'immovable property used for public authority' is another an example of an unconstitutional attempt to transfer competencies from the Parliamentary Assembly of Bosnia and Herzegovina to the National Assembly of the Republika Srpska.
Referring to the Constitution of BiH, Bratić stated that the state continuity of Bosnia and Herzegovina also means the continuity of its ownership over state property.
“In addition, another argument is in favor of the validity of this paragraph because the Constitution of BiH stipulates that the laws of the Republic of BiH are valid until other laws are adopted that derogate from the laws of the Republic of BiH in that area. Given this constitutional provision, as well as the fact that Bosnia and Herzegovina has not passed a law regulating the issue of state property, it can be concluded that Bosnia and Herzegovina is the owner of all former state property, in accordance with the said law on transformation. The Agreement on Succession Issues of the former SFRY, concluded in Vienna on June 29, 2001, which entered into force after ratification by all successor states in 2004, including Bosnia and Herzegovina, which ratified it in 2002, clearly shows that the state of BiH is the holder of ownership over the immovable property of the former SFRY, which was located on the territory of Bosnia and Herzegovina with the disintegration of that state. The entities or the District are not mentioned anywhere as heirs, so their appropriation of property rights would be a direct gross violation of the international agreement ratified by Bosnia and Herzegovina,” said Bratić.
He also recalls that in 2004 the BiH Council of Ministers decided to establish the Commission for State Property as a permanent body of the Council, with a mandate to develop criteria for determining and distributing state property and ways to manage that property.
The decision of the Constitutional Court of Bosnia and Herzegovina of 13 July 2012, he further states, establishes that the Republika Srpska has no constitutional jurisdiction to regulate the legal matter which is the subject of the newly proposed law in the RS Assembly.
(FENA) A. B.
