-- Radni prevod --
RIGHTS AND DUTIES OF THE COUNCIL OF
MINISTERS
Article 1
This law shall regulate, in accordance with the Constitution of Bosnia and
Herzegovina, the rights, duties and responsibilities of the Council of Ministers
of Bosnia and Herzegovina (hereinafter: the Council of Ministers), its
organisation, way of work and decision-making, rights and duties of the Chair,
Deputy Chairs and members of the Council of Ministers, as well as the
relationship of the Council of Ministers with other authorities in Bosnia and
Herzegovina in performing its duties.
Article 2
The Council of Ministers forms part of the executive of Bosnia and
Herzegovina. It shall exercise its governmental rights and duties in
accordance with the Constitution of Bosnia and Herzegovina, as well as other
relevant laws and regulations of Bosnia and
Herzegovina.
Article 3
The seat of the Council of Ministers shall be in Sarajevo.
Article 4
The Council of Ministers shall regulate more precisely its organisation, and
scope of work, as well as the mandate of the services established by the Council
of Ministers for the purpose of the effective performance of tasks from within
such scope of work.
COMPOSITION OF THE COUNCIL OF MINISTERS
Article 5
The Council of Ministers shall, in accordance with the General Framework
Agreement for Peace and in particular with Article III of Annex 4 thereof (which
provides for the responsibilities of and relations between the Institutions of
Bosnia and Herzegovina and the Entities), consist of the Chair and Ministers as
follows:
- Minister of Foreign Affairs
- Minister of Foreign Trade and Economic Relations
- Minister of Finance and Treasury
- Minister of Communications and Transport
- Minister of Civil Affairs
- Minister of Human Rights and Refugees
- Minister of Justice
- Minister of Security
For the better and more efficient discharge of governmental functions, the
Chair of the Council of Ministers shall be empowered to nominate two of the
Ministers concerned as Deputy Chairs of the Council of Ministers who shall take
office upon the approval of the House of Representatives which said approval
shall be given as part of the process of approval referred to in Article 10
hereof.
The term of office of the Council of Ministers shall coincide with the
mandate of the Parliamentary Assembly of Bosnia and Herzegovina.
Article 6
The overall composition of the Council of Ministers shall, throughout its
mandate, be and remain fully respectful of the Constitution of Bosnia and
Herzegovina and in particular of Articles V(4)(b) and IX(3) thereof and, subject
thereto, shall ensure equal representation of the constituent peoples of Bosnia
and Herzegovina.
The Chair of the Council of Ministers and the Deputy Chairs shall not be from
the same constituent people.
At least one representative of the group of Others shall be represented in
the Council of Ministers or shall have the position of Secretary General as
referred to in Article 24 of this Law.
Article 7
Each Minister shall have one Deputy Minister.
Deputy Ministers shall not be from the same constituent people as their
respective Ministers.
Deputy Ministers shall act on behalf of Ministers if the latter are absent or
otherwise prevented from performing their duties.
Deputy Ministers participating in a session of the Council of Ministers on
behalf of an absent Minister shall have the right to make decisions on his/her
behalf on all or certain issues, in accordance with the competencies delegated
to him/her by the absent Minister. The said Minister shall inform the
Chair of the Council of Ministers of such delegation in writing.
Article 8
In
addition to the Minister who is responsible for the work of the Ministry as a
whole and the Deputy Minister who has the rights and duties as referred to in
the preceding Article, there shall be in each Ministry a Secretary of the
Ministry who shall carry out tasks and duties as set out in the Law on Civil
Service of Bosnia and Herzegovina and whose appointment shall be consistent with
the provisions thereof and respectful of the principles contained in Article 6
of the Law herein.
Nomination, Approval and Removal of the Council of
Ministers
Article 9
The Chair
of the Council of Ministers shall be nominated by the Presidency of Bosnia and
Herzegovinaat each new mandate of the Parliamentary Assembly of Bosnia and
Herzegovina respectful of the principle of representation according to Article
IX:3 of the Constitution of Bosnia and Hezegovina.
The decision on nomination shall be made no later than eight (8) days
after the first inaugural session of the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina. (hereinafter:
House of Representatives).
The decision on nomination shall immediately be submitted to the House of
Representatives for approval.
The Chair
of the Council of Ministers shall take office after the House of Representatives
approves his/her nomination.
The
approval of a Chair of the Council of Ministers shall be completed within thirty
(30) days following the date of nomination.
Article 10
Pursuant to Article V(4) of the Constitution of Bosnia and Herzegovina, the
Chair of the Council of Ministers shall, nominate Ministers and Deputy Ministers
immediately upon taking office and forthwith request the House of
Representatives to approve such nomination.
Ministers
and Deputy Ministers shall take office immediately upon approval by the House of
Representatives.
The
approval of Deputy Chairs, Ministers and Deputy Ministers shall be completed
within thirty (30) days following the date on which the Chair takes office.
Article 11
If the
House of Representatives fails to approve the decision of the Presidency of
Bosnia and Herzegovina nominating the Chair of the Council of Ministers, the
Presidency of Bosnia and Herzegovina shall be obliged to nominate another Chair
of the Council of Ministers, within eight (8) days, and submit such decision to
the House of Representatives for approval.
If the House of Representatives fails to approve the decision of the Chair of
the Council of Ministers nominating a Minister or Deputy Minister, the Chair
shall be obliged to nominate another individual for such post within eight (8)
days, and submit such decision to the House of Representatives for approval, or
tender his/her resignation.
Article 12
The Chair
of the Council of Ministers may resign without explanation.
The Chair
of the Council of Ministers shall resign to the Presidency of Bosnia and
Herzegovina.
If the Chair of the Council of Ministers resigns or is permanently unable to
perform his/her duty, the Council of Ministers shall resign as a whole, and
continue to perform its duties pending the approval of a new Chair and members
of the Council of Ministers. In such case, the procedure outlined in
Articles 9 and 10 of this Law shall be followed.
Article 13
The Presidency of Bosnia and Herzegovina may propose the dismissal of the
Chair of the Council of Ministers. If the Parliamentary Assembly of Bosnia and
Herzegovina records a vote of no confidence in the Chair, the Council of
Ministers shall resign as a whole, but continue to perform its duties pending
the approval of a new Chair and members of the Council of Ministers. The
Parliamentary Assembly may also, on its own initiative, record a vote of no
confidence in the Council of Ministers. In both such cases, the procedure
outlined in Articles 9 and 10of this Law shall be followed.
Article 14
Ministers
and Deputy Ministers may resign without explanation.
Ministers and Deputy Ministers shall resign to the Chair of the Council of
Ministers.
If a Minister or Deputy Minister resigns or is permanently unable to perform
his/her duty, the Chair of the Council of Ministers shall nominate his/her
successor. The successor of the Minister or Deputy Minister shall take office
upon approval by the House of Representatives pursuant to the procedure set
forth in Article 10 of this Law.
Article 15
The Chair
of the Council of Ministers may propose the dismissal of a Minister and Deputy
Minister. If the Parliamentary Assembly of Bosnia and Herzegovina approves such
dismissal, the Chair of the Council of Ministers shall be obliged to appoint a
new Minister or Deputy Minister, pursuant to the procedure set forth in Article
10 of this Law.
The newly appointed Minister or Deputy Minister shall take office after
approval of the House of Representatives.
WAY OF WORK AND DECISION-MAKING
Article 16
The
members of the Council of Ministers shall be obliged to participate in the work
of the Council of Ministers.
The Council of Ministers shall work and take decisions in sessions.
The
Council of Ministers may hold a session and adopt decisions if a session is
attended by more than one half of the members of the Council of Ministers,
provided that, being respectful of Article IX(3) of the Constitution of BiH,
there are at least two members from each constituent people.
The
preparations and the manner in which the sessions of the Council of Ministers
are conducted shall be regulated more precisely in the Rules of Procedure of the
Council of Ministers (hereinafter: Rules of Procedure).
Article 17
In exercising its rights and duties, the Council of Ministers shall adopt
decisions, conclusions and resolutions, draft and proposed laws, analyses,
information materials, strategic documents, programmes, agreements, protocols
and other acts (hereinafter: acts).
Article 18
The
Council of Ministers shall adopt acts from within its competencies by a majority
vote of its whole number with regard to all issues and topics on which, in
further procedure, the final decision is to be taken by the Parliamentary
Assembly of Bosnia and Herzegovina.
The
Council of Ministers shall decide as a rule by consensus on all other issues
and, in particular, on regulations, nominations and appointments from within the
competencies of the Council of Ministers, as well as on the Rules of Procedure
and their interpretation.
If
consensus is not reached, the Chair of the Council of Ministers shall hold a
meeting with the dissenting member(s) of the Council of Ministers in order to
reach a solution. If a consensus is not reached in seven days by this
means, a majority decision will be taken which must include the votes of at
least two members of each constituent people.
Article 19
Decisions
of the Council of Ministers shall be adopted on the day of their adoption at the
session, unless the Council of Ministers decides otherwise, and shall be
published in the Official Gazette of Bosnia and Herzegovina.
Article 20
Organs and other bodies of authority in Bosnia and Herzegovina shall be
obliged to comply fully with decisions of the Council of Ministers of Bosnia and
Herzegovina taken within the constitutional competence thereof.
Article 21
The
Council of Ministers shall ensure that its work is public.
OFFICES, SERVICES AND WORKING BODIES
Article 22
For the
sake of ensuring the full, efficient, quality and harmonised conduct of its
activities, the Council of Ministers shall establish permanent or temporary
offices, directorates, services, committees and other bodies.
The
permanent bodies shall be:
The
Directorate for EU Integration, General Secretariat, Legislative Office,
Internal Policy Committee and Economy Committee.
Directorate for EU Integration
Article 23
TheDirectorate for EU Integration shall perform in particular the tasks and
duties relating to the coordination of activities of the authorities in BiH,
supervision of the implementation of decisions taken by responsible institutions
of BiH concerning all relevant activities required for European integration.
The
Directorate shall participate in the preparation of drafts, policy proposals,
laws, other regulations and guidelines relating to the carrying out of tasks
that BiH is obliged to undertake in order to join the process of European
integration.
The
Directorate shall also perform other activities concerning the launching of
initiatives and the giving of advice concerning issues of harmonization of
processes and activities of the authorities in BiH concerning the implementation
of obligations directed towards European Integration.
The
Directorate for EU Integration shall also perform other activities as tasked by
the Council of Ministers or the Chairman of the Council of Ministers.
The
Director shall be appointed and dismissed by the Council of Ministers at the
proposal of the Chair, in accordance with the Law on Civil Service in the
Institutions of Bosnia and Herzegovina. The Director shall be directly
responsible to the Chair of the Council of Ministers for his/her work.
General Secretariat
Article 24
The General Secretariat shall exercise in particular the following tasks:
preparation of sessions and meetings; taking of minutes; keeping of records;
informing the public; following up the implementation of Council of Ministers
decisions; protocol; performing financial, administrative and technical services
for the Council of Ministers in the discharge of its tasks; ensuring publication
of decisions of the Council of Ministers in the Official Gazette and performing
other tasks as assigned by decisions of the Council of Ministers.
The Council of Ministers shall regulate in detail the internal organization
of the Secretariat in a rulebook.
The General Secretariat shall be managed by the Secretary General who shall
be appointed and dismissed by the Council of Ministers at the proposal of the
Chair, in accordance with the Law on Civil Service in the Institutions of Bosnia
and Herzegovina.
The General Secretary shall be directly responsible for his work to the
Chair.
Legislative Office
Article 25
The Legislative Office shall be responsible for
rendering legal opinions on materials forwarded to the Council of Ministers
pertaining to methodological uniformity during the preparation and harmonization
as to the Constitution and laws of Bosnia and Herzegovina, as well as ensuring
the publication of decisions in the Official Gazettes of Bosnia and Herzegovina,
the Entities and the District of Brcko.
The Legislative Office shall be managed by a Director.
The Director of the Office shall be appointed and dismissed by the Council of
Ministers in accordance with the Law on Civil Service in the Institutions of
Bosnia and Herzegovina.
Internal Policy Committee
Article 26
The
Internal Policy Committee shall be a coordinate body in the issues within the
scope of the work of the following Ministries:
Ministry for Human Rights and Refugees, Ministry of Civil Affairs, Ministry
of Justice and Ministry of Security.
All issues under the competence of the Ministries
referred to in Paragraph 1 of this Article shall be discussed at a session of
the Internal Policy Committee prior to being discussed at a session of the
Council of Ministers.
A Deputy Chair of the Council of Ministers shall
normally chair the Committee, which shall be composed of the Ministers or Deputy
Ministers referred to in Paragraph 1 of this Article, as well as representatives
of the Directorate for EU Integration and the Legislative Office, as well as
other members in accordance with a Decision of the Council of Ministers.
Economy Committee
Article 27
The Economy Committee shall be a co-ordinate body in
the issues within the scope of the work of the following Ministries: Ministry of
Foreign Trade and Economic Relations, Ministry of Finance and Treasury, Ministry
of Communications and Transport.
All issues under the competence of the Ministries
referred to in Paragraph 1 of this Article shall be discussed at a session of
the Economy Committee prior to being discussed at a session of the Council of
Ministers.
A Deputy Chair of the Council of Ministers shall
normally chair the Committee, which shall be composed of the Ministers or Deputy
Ministers referred to in Paragraph 1 of this Article, as well as representatives
of the Directorate for EU Integration and the Legislative Office, as well as
other members in accordance with a Decision of the Council of Ministers.
RIGHTS AND DUTIES OF THE CHAIR AND MEMBERS OF THE COUNCIL OF
MINISTERS
Article 28
The Chair shall represent the Council of Ministers
and shall be held responsible for:
- harmonization of the work of the Council of Ministers;
- harmonization of constitutional relations of the Council of Ministers with
the work of the Presidency of Bosnia and Herzegovina, the Parliamentary
Assembly of Bosnia and Herzegovina, as well as the Entities and the District
of Brcko;
- ensuring cooperation between the Council of Ministers and the entity and
lower levels of Governments;
- convening of sessions of the Council of Ministers;
- chairing sessions of the Council of Ministers;
- the agenda for sessions of the Council of Ministers;
- implementation of decisions of the Council of Ministers;
- the work of the Directorate for European Integration.
Article 29
The Chair of the Council of Ministers, in
cooperation with Deputy Chairs in office, shall identify the work policy of the
Council of Ministers and specify the priorities and dynamics in the work of the
Council of Ministers.
Article 30
The Chair of the Council of Ministers shall
specifically harmonize and follow activities of institutions in Bosnia and
Herzegovina related to the integration of Bosnia and Herzegovina into the
EU.
Aimed at more efficient performance of these jobs
and tasks, the Directorate for EU Integration shall be directly responsible to
the Chair of the Council of Ministers.
Article 31
The Chair of the Council of Ministers shall be
responsible for his/her work to the Parliamentary Assembly of Bosnia and
Herzegovina and the Presidency of Bosnia and Herzegovina.
Article 32
The Chair of the Council of Ministers shall, when
absent, be replaced by one of the Deputy Chairs of the Council of Ministers in
office, in accordance with relevant Rules of Procedure.
Article 33
Apart from rights and duties related to direct
management of the work of the Ministries and responsibility for the situation in
the respective fields from the Ministry’s scope of work, the members of the
Council of Ministers may also launch initiatives and discuss issues and decide
on positions regarding respective issues which do not fall within the scope of
work of the Ministries under their management provided the same falls within the
constitutional competence of the Council of Ministers.
RELATIONS BETWEEN THE COUNCIL OF MINISTERS AND OTHER BODIES
IN BOSNIA AND HERZEGOVINA
Relations with the BiH Parliamentary Assembly
Article 34
The Council of Ministers shall be held responsible
to the Parliamentary Assembly.
The Council of Ministers shall, at least annually,
submit annual reports to the Parliamentary Assembly regarding its work,
including reports related to the budget.
The Parliamentary Assembly may request that the Council of Ministers submit
special reports on certain issues.
Article 35
The Council of Ministers shall propose laws and
other acts within the scope of its work to the Parliamentary Assembly.
Upon the request of the Parliamentary Assembly, the
Council of Ministers shall prepare proposals of laws, other acts and required
materials.
Article 36
The Council of Ministers may propose to convene a
session of any chamber or a working committee of the chambers of the
Parliamentary Assembly, which shall act upon such a proposal in line with the
Rules of Procedure of the respective Chamber.
The members of the Council of Ministers shall have
the right and duty to participate at sessions of the Chambers and working
committees of the Parliamentary Assembly of Bosnia and Herzegovina.
Article 37
The Council of Ministers shall answer questions
posed by members of the Parliamentary Assembly to the Council of Ministers in
accordance with the Rules of Procedure of the Chambers of the Parliamentary
Assembly and its own Rules of Procedure.
Article 38
Relations between the Council of Ministers and the
Parliamentary Assembly shall be regulated in details by the Rules of Procedures
of the Chambers of the Parliamentary Assembly and the Rules of Procedure of the
Council of Ministers.
Relations with other Bodies
Article 39
The Council of Ministers shall regularly inform the
Presidency of Bosnia and Herzegovina about decisions and other activities of the
Council of Ministers.
Article 40
The Council of Ministers may propose an item for the
agenda of the Presidency, and the Presidency may propose an item for the agenda
of the Council of Ministers.
Article 41
The Presidency may propose to convene a session of
the Council of Ministers at which an issue of special importance for the
Presidency will be discussed.
Article 42
Within its competencies, the Council of Ministers shall cooperate
with the executive and legislative bodies of the Federation of Bosnia and
Herzegovina, the Republika Srpska and the District of Brcko.
FINAL AND TRANSITIONAL PROVISIONS
Article 43
Funds for the functioning of the Council of Ministers, the Directorate for EU
Integration, the General Secretariat, the Legislative Office and other permanent
and temporary bodies established by the Council of Ministers shall be secured in
the budget of Bosnia and Herzegovina.
Article 44
Within thirty (30) days from the entry into force of this Law, the Council of
Ministers shall pass a decision on the manner in which the work of the Council
of Ministers shall be continued, regulating as required by way of modification
or dissolution the existing administrative bodies which perform duties within
the responsibilities of Bosnia and Herzegovina.
Article 45
The Council of Ministers shall, within thirty (30) days of the entry into
force of this Law:
- adopt Rules of Procedure of the Council of Ministers to regulate in detail
preparations for, and the manner of holding and conducting sessions of, the
Council of Ministers;
- appoint the Director of the Directorate for EU Integration;
- appoint the General Secretary of the Council of Ministers; and
- appoint the Director of the Legislative Office.
Article 46
The Council of Ministers shall adopt, within forty-five (45) days of the
entry into force of this Law, a Rule Book on the internal organization of the
permanent bodies of the Council of Ministers (Directorate for EU Integration,
General Secretariat, Legislative Office, Internal Policy Committee and Economy
Committee).
Article 47
This Law shall be published in the Official Gazette of Bosnia and
Herzegovina without delay, but shall enter into force on 3 December 2002.
Article 48
On the day of entry into force of this Law, the Law on the Council of
Ministers and Ministries of Bosnia and Herzegovina published in the Official
Gazette of Bosnia and Herzegovina, Number 11/00 on 17 April 2000, shall cease to
have effect.
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