CONSTITUTIONAL COURT
OF BOSNIA AND HERZEGOVINA

DECISION

 

 

Having regard to Article VI.3 (a) of the Constitution of Bosnia and Herzegovina and Article 59, paragraph 3 of the Rules of Procedure of the Constitutional Court of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, No. 24/99 – Amended Text), at the session held on 29 January 2000, the Constitutional Court of Bosnia and Herzegovina adopted the following

 

 

DECISION

 

 

It is hereby established that the following provisions of the Law on the Council of Ministers of Bosnia and Herzegovina and the Ministries of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina No. 4/97) cease to be valid: Article 3, paragraph 1, Articles 5 and 6, Article 7, paragraph 2, Articles 9, 10, 11, 12, 13 and 15, Article 19, paragraph 2, Article 20, Article 21, item 3, Articles 22, 24, 25, 26, 27, Article 28, paragraph 1 and Article 29, paragraphs 3 and 4.

 

The above provisions of the Law shall cease to be valid on the day of publication of this decision in the “Official Gazette of Bosnia and Herzegovina”.

 

This Decision shall be published in the “Official Gazette of Bosnia and Herzegovina”, the “Official Gazette of the Federation of Bosnia and Herzegovina” and the “Official Gazette of the Republika Srpska”.

 

 

REASONS

 

 

The Constitutional Court of Bosnia and Herzegovina (hereinafter: the Constitutional Court) established in Decision No. U 1/99 of 14 August 1999 that Articles 3, 5, 6, 7, 9, 10, 11, 12, 13, 15, 19, 20, Article 21 item 3, Articles 22, 24, 25, 26, 27, 28 and 29 of the Law on the Council of Ministers of Bosnia and Herzegovina and the Ministries of Bosnia and Herzegovina (hereinafter: the Law on Ministers and Ministries) (Official Gazette of Bosnia and Herzegovina No. 4/97) were inconsistent with the Constitution of Bosnia and Herzegovina.

 

The Parliamentary Assembly of Bosnia and Herzegovina was given a three-month period from the date of publication of this decision in the “Official Gazette of Bosnia and Herzegovina” to bring the aforementioned provisions of the Law in conformity with the Constitution of Bosnia and Herzegovina.

 

This Decision was published in the “Official Gazette of Bosnia and Herzegovina” No. 16, dated 28 September 1999, when the three-month period for the harmonization of the aforementioned provisions of the Law with the Constitution started running.

 

Article 59 of the Rules of Procedure of the Constitutional Court (hereinafter: the Constitutional Court’s Rules of Procedure) (Official Gazette of Bosnia and Herzegovina, No. 2/97, 16/99, 20/99 and 24/99 - Amended Text) provides that the Constitutional Court, in a decision declaring an act unconstitutional under Article VI.3 (a), may grant to the adopter of the act a period, not exceeding three months, within which the act shall be adapted to the Constitution of Bosnia and Herzegovina. If the incompatibility is not eliminated within the said period, the Constitutional Court shall declare, in a decision, that the incompatible provisions cease to be valid. The incompatible provisions shall then cease to be valid on the date of publication of that decision in the Official Gazette of Bosnia and Herzegovina.

 

The Parliamentary Assembly of Bosnia and Herzegovina failed to adapt the aforementioned provisions of the Law on Ministers and Ministries to the Constitution of Bosnia and Herzegovina within the period determined in the Decision of the Constitutional Court of 14 August 1999, which elapsed on 28 December 1999.

 

Having regard to Article 59 of the Constitutional Court’s Rules of Procedure, and upon the request of the applicant (Article 26 of the Constitutional Court’s Rules of Procedure), and pursuant to the Constitutional Court’s decision of 14 August 1999 and the legal standpoint exemplified in the reasons of the decision, the Constitutional Court found in the operative part of the decision which parts of Articles 3, 7, 19, 28 and 29 of the Law on Ministers and Ministries are in conflict with the Constitution of Bosnia and Herzegovina and shall therefore cease to be valid.  The remaining parts of these Articles are not covered by this decision due to procedural principles.

 

The Constitutional Court decided as stated in the operative part of the decision.

 

 

           

The Constitutional Court ruled in the following composition:

Prof. Dr. Kasim Begić, President of the Constitutional Court of Bosnia and Herzegovina,

Judges: Dr. Hans Danelius, Prof. Dr. Louis Favoreu, Prof. Dr. Joseph Marko, Zvonko Miljko, Azra Omeragić, Prof. Dr. Vitomir Popović and Mirko Zovko.

 

 

 

 

Case No. U 1/99

29 January 2000

Sarajevo

Prof. Dr. Kasim Begić

Presidentof the Constitutional Court

of Bosnia and Herzegovina

 

 

 

The Parliamentary Assembly of Bosnia and Herzegovina failed to adapt the provisions of the Law on the Council of Ministers of Bosnia and Herzegovina and the Ministries of Bosnia and Herzegovina to the Constitution of Bosnia and Herzegovina within the period determined in the Decision of the Constitutional Court of 14 August 1999, which elapsed on 28 December 1999. Acting upon the request of the applicant and according to the Constitutional Court’s decision of 14 August 1999 and the legal standpoint exemplified in the reasons of the decision, the Constitutional Court established that certain provisions of the Law on Ministers and Ministries shall cease to be valid.