News in English     | 02.12.2021. 09:56 |

BiH Constitutional Court to deliberate over the concessions awarded by RS govt.

FENA Muamer Selimbegovic

SARAJEVO, December 2 (FENA) - The Constitutional Court of Bosnia and Herzegovina has scheduled a plenary session for December 2 and 3 to consider five constitutional review cases and the same number of appeals from legal entities and individuals.

As envisaged in the agenda, the plenary session should, among other things, consider the case for constitutional review (U 16-20), i.e. the request of 24 members of the House of Representatives of the BiH Parliamentary Assembly (PA BiH) to resolve the dispute between Bosnia and Herzegovina and the entity of Republika Srpska, created in connection with the awarding of concessions.

This is a request of BiH parliamentarians to annul the decision of the RS Government to grant a concession for the construction of hydropower plants on the Drina River, since, as stated in the request, decisions regarding state property can be made only at the state level. 

This request was considered at the 122nd plenary session, in mid-July, when the Constitutional Court issued a partial decision on admissibility and merits, and ordered the BiH Concessions Commission, as a joint concession commission, to resolve the dispute within three months at the latest. 

According to that decision, the Joint Commission should have taken a position on the mentioned dispute by October 28, otherwise, everything will be returned to the Constitutional Court of BiH.

The issues contained in the request were brought up after the RS government decided to grant Serbia concessions for the construction and use of three hydroelectric power plants (HPP) "Buk Bijela", "Foca" and "Paunci" on the Drina River.

The RS authorities referred to the RS Law on Inland Navigation, which treats all rivers in that BiH entity, including the Drina River, as "internal waters of the RS", which the BiH Constitutional Court ruled unconstitutional in February 2020. 

(FENA) S. R.

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