Bosnia and Herzegovina's Constitutional Court rejects request for temporary measure

The Constitutional Court of Bosnia and Herzegovina BiH rejected the proposal for the imposing of a temporary measure and postponed the decision on the merits at the request of BiH Presidency member Zeljko Komsic for a review of the amendments to the Constitution of the Federation of BiH FBiH and the Election Law imposed by the High Representative.

The Constitutional Court of BiH rejected the proposal for the imposition of a temporary measure and postponed the decision on Komsic's request to amend the Constitution of the FBiH and the Election Law which the High Representative in BiH Christian Schmidt imposed on the night of the elections on October 2, which was the subject of the 131 st plenary session.

By changing the number of delegates appointed by the cantonal assemblies, Schmidt increased the number of representatives in the FBiH House of Peoples.

The imposed decisions are applied to the results of this year's general elections, and Komsic believes that with this the high representative has made a direct attack on BiH, which is an obligation from the Constitution of BiH, and in this way he misled all voters in their intention to elect their elected representatives to the legislative bodies of government they want, especially the houses of the people who are elected indirectly through the cantonal assemblies.

In this case, the applicants of the request Zeljko Komsic, a member of the Presidency of BiH, and Sefik Dzaferovic, requested an evaluation of the constitutionality of the decision of the High Representative for BiH on October 2, 2022, in order to submit the request to the Chairman of the Presidency of BiH. The Constitutional Court has listened to the requests of the applicants for the adoption of a temporary measure at this session. The Constitutional Court rejected the requests for the adoption of a temporary measure. The applicants did not clearly state what types of irreparable damage could occur if the challenged acts remained in force until the dispute was resolved, nor did they provide evidence of the justification of their claims, according to the opinion of the Constitutional Court. The application of the contested acts until their claims are resolved could have negative consequences for the rule of law, and the acceptance of the request by the applicants for the adoption of a temporary measure could have negative consequences for the rule of law, it was pointed out by the Constitutional Court. They believe that these arguments have not been specified at this stage, according to Klix.ba.