The High Representative voiced his concern about the increasing pattern of non-implementation of decisions of the Constitutional Court. “The failure to implement the Constitutional Court’s decisions – which are final and binding for all – represents a violation of a key provision of the Dayton Peace Accords and a criminal offense under the Criminal Code of BiH”, Inzko said.
The international community has repeatedly reminded the authorities of their constitutional obligation to implement all rulings of the Constitutional Courts, including at the most recent session of the Steering Board of the Peace Implementation Council in May 2013. “It is unacceptable that decisions of the Constitutional Court are still waiting to be implemented”, the High Representative said.
The High Representative also encouraged the responsible authorities of BiH to secure adequate assets for the execution of all functions of the Constitutional Court of BiH and the financial independence of the Court, especially in light of the increase, over the years, of the number of cases falling under the appellate jurisdiction of the Court.
Observance of the rule of law and abiding by the Dayton Agreement, and in particular the constitutional framework of BiH, is a prerequisite for long-term stability in Bosnia and Herzegovina. “The Court has contributed greatly to the implementation of the Dayton Peace Agreement and its role must be respected”, the High Representative concluded.