04/12/2022 OHR

Statement of the High Representative Christian Schmidt

“Today, as High Representative, I have issued an order suspending application of the Republika Srpska Law on Immovable Property Used for the Functioning of Authorities.

I have suspended the application of the law pending a review by the Constitutional Court, in the interest of avoiding negative legal repercussions for citizens and potential investors.

Today I am also extending the prohibition on the disposal of state property to harmonize it with the Constitutional Court’s interpretation provided in relevant decisions. This decision makes clear that only the State of BiH can dispose of State Property or regulate the ownership over State Property applicable to all levels of authority in Bosnia and Herzegovina.

The issue of state property cannot be resolved through unilateral measures, but only through a process in the Parliamentary Assembly of Bosnia and Herzegovina. I have repeatedly offered to help resolve the issue in a legal manner.

To the citizens of Republika Srpska, let me say: the decisions I have taken today in no way diminish the stature of the entity. The law adopted by the RS authorities would erode legal certainty and predictable business and investment environment. Ensuring legal certainty and strengthening the rule of law is the best safeguard of individual property rights, and the best guarantee of sustainable and profitable investments in Republika Srpska and in all of Bosnia and Herzegovina.

These decisions enter into force immediately upon publication on the OHR website.”

The full statement you can find at: