In reference to recent public discussions on the vacant seats in the BiH Constitutional Court, as well as the regrettable early retirement of the Court’s Vice President, Judge Zlatko Knežević, High Representative Christian Schmidt wishes to remind the decision-makers on all levels of government of their obligation to ensure the uninterrupted work of the BiH Constitutional Court in full capacity, in line with the BiH Constitution and the Dayton Peace Agreement.
Decisions of the Constitutional Court of BiH are final and binding and therefore need to be enforced by all authorities in Bosnia and Herzegovina.
Furthermore, no court or individual judge, regardless of whether someone is pleased with their decisions or not, shall be exposed to pressure compromising their independence. Judges are appointed for a full term and have security of tenure. The foundations for their decisions are the Constitution and the law. Any forced reduction of their time in the office fundamentally contradicts the democratic and international standards on the independence of the judiciary.
An independent and impartial judicial system is a fundamental guarantee of the rule of law and democracy in any country. No institution or individual should try or be allowed to influence or in any way subvert the authority of any court in BiH or any court official, concluded the High Representative.