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The High Representative, by way of his Decision,
dated 22 May 2000 (“the 2000 Decision”), removed Mr. Stiepo Andrijic from his
Position of President of the Management Board of the Federation Privatization
Agency.
Upon careful consideration of Mr. Andrijic’s case and after concluding that
the reasons for his removal no longer apply and he no longer poses a threat to
peace implementation, institutional integrity or democracy in Bosnia and
Herzegovina, I have decided to lift the effect of the 2000 Decision and to
exempt Mr. Stiepo Andrijic from the ambit of Articles 20.9 A and 20.9 B of the
Election Law of Bosnia and Herzegovina.
The principles of equity, proper governance and judicious exercise of the
High Representative’s international mandate, all of which take into account the
balance between the protection of national stability and the rights of the
individual, justify this outcome.
This Decision does not call into question the validity of the 2000 Decision.
This Decision does not entitle Mr. Andrijic to automatic restoration to the
office from which he was removed pursuant to the 2000 Decision. Further, this
Decision does not entitle him to compensation for any remuneration, other forms
of unvested monetary benefits or privileges or status forfeited as a result of
the 2000 Decision.
This Decision does not constitute an amnesty but rather
a repeal, prospectively, of the 2000 Decision. The latter is not expunged and
remains as part of the legislative record ofBosnia and Herzegovina .
This Decision does not prejudice the right of the High Representative to
remove Mr. Andrijic again should he, while occupying a public office in the
future, be deemed to have violated his oath to respect the Constitution of
Bosnia and Herzegovina and to uphold the General Framework Agreement for Peace
in Bosnia and Herzegovina, which oath was freely given as a condition precedent
for the lifting of the Ban.
This Decision does not affect or otherwise prejudice any pending or impending
criminal proceedings in or outside of Bosnia and
Herzegovina.
To the extent the terms of this Decision contradict domestic legislation on
any of the subjects encompassed thereby, the former shall prevail. High
Representative Decisions supersede and preempt contradictory domestic
legislation. This legislative statement is declaratory of existing and
prospective High Representative Decisions.
This Decision has immediate effect and will not require any further
procedural steps.
This Decision shall be published without delay in the Official Gazette of the
Federation of Bosnia and
Herzegovina.
Sarajevo
, 30 March 2007
Dr. Christian Schwarz-Schilling
High Representative
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