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Strasbourg, 5 May 2008
Opinion 476/2008
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CDL(2008)047
Engl. only
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EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
constitution
of
REPUBLIKA SRPSKA
PREAMBLE
(as
amended by Amendment LXVI)
“Respecting the
will of its constituent peoples and citizens to establish and preserve the
Republika Srpska and to base the constitutional establishment of the Republic
upon the respect for human dignity, freedom and equality, national equality,
democratic institutions, rule of law, social justice, pluralistic society,
guarantees for and protection of human freedoms and rights, as well as the
rights of minority groups, in line with the international standards, ban on
discrimination and respect for the rules of market economy;
Wishing
to provide peace, tolerance and general welfare;
Intending to
contribute to the development of friendly relations among the peoples and
states;
Expressing
determination of the Republika Srpska to fully respect and consistently
implement the General Framework Agreement for Peace in Bosnia and Herzegovina,
which unambiguously accepts, confirms and guarantees the constitutional and
legal position of the Republika Srpska, as one of two entities within Bosnia
and Herzegovina, the National Assembly of the Republika Srpska shall pass.”
I.
BASIC PROVISIONS
Article
1.
Article 1 has been replaced by Amendment
LXVII, reading as follows:
“The
Republika Srpska shall be unique and indivisible constitutional and legal
entity.
The Republika Srpska shall independently perform its constituent, legislative, executive and
judicial functions.
The
Republika Srpska is one of the two equal entities in Bosnia and Herzegovina.
The Serbs, Bosniaks, Croats, as constituent
peoples, Others and citizens shall participate in executing the functions of
authority in the Republic equally and without discrimination”.
Article
2.
Paragraph 1 of Article 2 has been replaced
by Amendment XLV, reading as follows:
“The territory of the Republic shall be unique,
indivisible and inalienable”.
Paragraph 2 of Article 2 has been replaced
by Amendment LV, LXVIII reading as follows:
“The
Agreement on the change of the inter-entity boundary line between Republika
Srpska and the Federation of Bosnia and Herzegovina may be taken out for the
confirmation by way of a referendum in the Republic”.
Article
3.
Article 3 has been replaced by Item 1 of
Amendment LV, reading as follows:
“All State functions and powers shall belong
to the Republic, with exception of those which were by the Constitution of
Bosnia and Herzegovina explicitly transferred to its institutions”.
Article
4.
Article 4 has been replaced by Item 2 of
Amendment LV, reading as follows:
“The Republic may, according to the
Constitution of Bosnia and Herzegovina, establish special parallel relations
with the Federal Republic of Yugoslavia and its member republics”.
Article
5.
The constitutional
arrangement of the Republic shall be based upon the following:
·
guarantee and protection of human freedoms and rights in
accordance with international
standards;
Article 5 line 2 has been supplemented by Amendment
LXIX, reading as follows:
·
assurance of national equality “and protection of vital interests of the constituent peoples”;
·
social justice;
·
market economy
·
multi-party political system;
·
parliamentary democracy and division of authority;
·
free elections;
·
local self-government;
·
protection of the rights of ethnic groups and other
minorities.
Article
6.
Paragraph 1 of
Article 6 has been replaced by Amendment XLVII, reading as follows:
“Citizens
of the Republic shall have citizenship of Republika Srpska”.
Article 6 has been replaced by Amendment
LXX, reading as follows:
“A citizen of the Republika Srpska may not
be deprived of citizenship”.
Article
7.
Paragraph 1 of Article 7 has been replaced by
Amendment LXXI, reading as follows:
“The official
languages of the Republika Srpska are: the language of the Serb people, the
language of the Bosniak people and the language of the Croat people. The
official scripts are Cyrillic and Latin.”
In regions inhabited by groups speaking
other languages, their languages and alphabet shall also be in official use, as
specified by law.
Article
8.
The Republic shall have the flag, the
coat-of-arms and the anthem.
The flag, the coat-of-arms and the wording
of the national anthem shall be determined by constitutional law.
Article
9.
The capital of the Republic shall be
Sarajevo.
II.
HUMAN RIGHTS AND FREEDOMS
Article
10.
Citizens of the Republic shall be equal in
their freedoms, rights and duties; they shall be equal before the law and they
shall enjoy equal legal protection irrespective of their race, sex, language,
national origin, religion, social origin, birth, education, property status,
political and other beliefs, social status and other personal attributes.
Article 11.
Human life shall be
inviolable.
Death penalty may be pronounced exclusively
for capital crimes.
Article
12.
Freedom and personal safety of man are
inviolable.
No one may be deprived of his liberty or
restricted in it, save for the case and according to the procedure as specified
by law.
Article
13.
Human dignity, physical and spiritual
integrity, personal privacy, personal and family life shall be inviolable.
Article
14.
No one may be subjected to torture, cruel,
inhuman or degrading treatment or punishment.
Any extortion of confession or statement
shall be forbidden and punishable.
It shall be forbidden to conduct medical
and other scientific experiments upon any person without his or her consent.
Article
15.
Unlawful deprivation of liberty shall be
punishable.
Deprivation of liberty may only last as
long as there are legal conditions for it.
A person reasonably suspected of having
committed an offence may be arrested and detained only when it is necessary for
the purpose of the conduct of criminal proceedings or for reasons of the safety
of people.
Detention shall be determined by a decision
of the Court, and only as an exception, under the conditions stipulated by law,
by a decision of another organ authorised by law and not later than up to three
days.
The person detained has to be presented the
decision explained in writing at the moment of detention. The person detained
has the right to appeal against the decision.
Article
16.
Everyone shall be entitled to the equal
protection of his rights in the proceedings before the court and other State
bodies and organisation.
Everyone shall be guaranteed the right to
appeal or other legal remedy against the decision concerning his right or
interest determined by law.
.
Article
17.
Everyone shall be entitled to a
compensation for the damage inflicted on him by unlawful or irregular work of
an official or a State agency or a body vested with public powers.
A person convicted unjustifiably or
deprived of his liberty unlawfully or with no grounds shall have the right to
rehabilitation, compensation for damage, a public apology and other rights
determined by law.
Article
18.
A person charged with a criminal offence
shall be guaranteed a fair trial.
A person charged with a criminal offence
has to be informed of the cause of accusation within the shortest period
prescribed by law.
No proceedings before the court may be
conducted in the absence of the accused person.
Proceedings before the court may be
conducted against an accused person who is inaccessible to the court only in
cases determined by law.
Article
19.
The right to defence shall be guaranteed.
The right to the free choice of a defence
attorney and free communication with him shall be guaranteed.
The defence attorney may not be held
responsible for actions undertaken in the process of defence.
Article
20.
No one may be sentenced for any act, which
did not constitute a criminal offence under law at the time when it was
committed. Nor may the penalty be imposed which was not prescribed by law for
such an act.
No one may be held guilty for a criminal
offence until proved so by a final decision of the court.
Article
21.
Citizens shall be guaranteed freedom of
movement, residence and staying on the territory of the Republic, and the
freedom to leave and return on the territory.
Freedom of movement may be restricted by
law only if necessary for the purpose of the conduct of criminal proceedings or
for reasons of the protection, safety and health of people.
No restrictions may be introduced for
political reasons.
Article
22.
In Article 22 the words: “and of
Yugoslavia” (Item 4 of Amendment LVII) have been deleted:
Freedom and secrecy of correspondence and
other forms of communication shall be inviolable.
Exception from the principle of
inviolability of freedom and secrecy of correspondence and other forms of
communication may only be prescribed by law, subject to a court decision, if it
is indispensable for the purpose of the conduct of criminal proceedings or for
reasons of the safety of the Republic.
Article
23.
Protection of secrecy of personal data
shall be guaranteed. Collection, processing and the purpose of the use of
personal data shall be regulated by law.
The use of personal data contrary to the
determined purpose of their collection shall be prohibited.
Citizens shall be entitled to demand and
receive all data on them contained in acts of State bodies and other official
registers.
Article
24.
Homes shall be inviolable.
On the basis of a court warrant as
prescribed by law may an official person enter a home or other premises without
consent from the tenant and carry out a search.
The search shall be carried out in the presence of two witnesses.
Subject to conditions spelled out by law,
an official person may without a court warrant enter a home or other premises
and carry out a search, if this is indispensable to apprehend an offender or to
save persons and property.
Article 25.
Freedom of thought
and orientation, conscience and conviction, as well as of public expression of
opinion shall be guaranteed.
Article
26.
Freedom of press and other media of
communication shall be guaranteed.
In Paragraph 1, Article 26 the word “independent” has
been replaced by the word “newspaper” (Amendment XLIII ).
Free establishment of newspaper and
publishing houses, publishing of newspapers and public information by other
media in accordance with law shall be guaranteed.
Censorship of press and other public
information media shall be forbidden.
Public information media shall be obliged
to inform the public on time, truthfully and impartially.
The right to correction of incorrect
information shall be guaranteed to anyone whose right or legally determined
interest has been violated, as well as the right to a compensation for damage
arising therefrom.
Article
27.
Freedom of scientific, cultural and
artistic creativity shall be guaranteed.
Protection of moral and property rights
deriving from scientific, cultural, artistic and other intellectual creative
creativity shall be guaranteed.
Article
28.
Freedom of religion shall be guaranteed.
Religious communities shall be equal before
the law and shall be free to perform religious affairs and services. They may
open religious schools and perform religious education in all schools at all
levels of education; they may engage in economic and other activities, receive
gifts, establish legacies and manage them, in conformity with law.
The Serbian Orthodox Church shall be the
church of the Serb people and other people of Orthodox religion.
Paragraph 4 of Article 28 has been deleted
by Amendment LXXII.
Article
29.
A citizen who has reached the age of
eighteen years shall have the right to vote and to be elected.
The right of suffrage shall be universal
and equal, elections shall be direct and by secret ballot.
Article 29 has been amended by Item 5 of
Amendment LVII, reading as follows:
“A
person shall acquire the right of suffrage, subject to Article 29, after having
resided in a certain place for the period determined by law.”
Article
30.
Citizens shall have right to peaceful
assembly and public protest.
Freedom of association shall be restricted
by law only for the purpose of protection of the safety of persons and
property.
Article
31.
Freedom of political organisation and
activities in conformity with law shall be guaranteed.
Political organisation and activities
threatening democracy, jeopardising integrity of the Republic and violating
constitutionally guaranteed freedoms and rights and inciting national, racial
or religious hatred and intolerance shall be prohibited.
Article
32.
Citizens shall have the right to publicly
express their opinion on the work of State agencies and other bodies, to submit
petitions, complaints and proposals to them and to receive answers thereto.
No one may be held responsible or suffer
other adverse consequences because of the public expression of his opinion on
the work of State agencies or his statements publicly presented in a complaint,
petition and proposal, unless thus committing a criminal offence.
Article
33.
Citizens shall have the right to take part
in the conduct of public affairs and have access to public service under equal
conditions.
Article
34.
Citizens shall be guaranteed freedom of
profession of national affiliation and culture and the right to use their
language and alphabet.
No one shall be obliged to declare national
affiliation.
Paragraph 3 of Article 34 has been deleted
on the basis of Item 6 of Amendment LVII.
Article
35.
Everyone shall have the right to a healthy
environment. Everyone shall be bound, in accordance with law and within his
possibilities, to protect and improve the environment.
Article
36.
The family, mother
and child shall enjoy special protection.
·
Marriage and legal relations in marriage and family shall be
regulated by law.
·
Everyone shall have the right to decide freely to have
children.
·
Parents shall have the right and duty to take care of the
upbringing and education of their children.
·
Children shall be bound to take care of their parents needing
help.
·
Children born out of wedlock shall have the same rights and
duties as those born in wedlock.
·
Minors who are parentally neglected and persons unable to
look after themselves and the protection of their rights and interests shall
enjoy special protection.
Article
37.
Everyone shall be entitled to health care.
The right to health care shall be
guaranteed in conformity with law.
Children, pregnant women and elderly
persons shall be entitled to health care financed out of the public funds,
while other persons shall enjoy such a care under the conditions spelled out in
a law.
Article
38.
Everyone shall be entitled to education
under equal conditions.
Primary schooling shall be compulsory and
free.
Everyone shall have access, under the same
conditions, to secondary and higher education.
In Paragraph 4 of Article 38 the words
“teaching institutions” have been deleted (Item 2 of Amendment XLIII).
Citizens may open private schools under
conditions specified by law.
Article 39.
·
Everyone shall have the right to work and to freedom of work.
·
Forced labour shall be prohibited.
·
Everyone shall be free to choose his vocation and occupation
and all work places and duties shall be accessible to everyone under the same
conditions.
·
Employment may be terminated contrary to the will of employed
persons in the manner and under conditions specified by law and collective
agreements.
- Every employed person shall have the right to
remuneration in accordance with law and collective agreements.
Article
40.
Employed persons shall be entitled to
limited working hours, daily and weekly rest and annual holiday and leave with
pay, in accordance with law and collective agreements.
Employed persons shall have the right to
safety at work, in accordance with law.
Young people, mothers and disabled persons
shall be entitled to special protection at work.
Article
41.
Freedom of forming trade unions and
organisation and activities related to them shall be guaranteed.
Article
42.
Employed persons shall have the right to
strike under conditions specified by law.
Article
43.
The right of employed persons and of
members of their families to social security and social insurance shall be
regulated by law and collective agreements.
The right to relief during temporary
unemployment shall be guaranteed, under conditions specified by law.
Citizens who are partially disabled shall
be guaranteed the training for a suitable job and are provided conditions for
their employment, in accordance with law.
The Republic shall ensure the assistance
and social security to citizens incapable to work and unprovided-for.
Article
44.
Aliens shall have the human rights and
freedoms determined by the Constitution and other rights specified by law and
international agreements.
Paragraph 2 of Article 44 has been deleted
by Amendment LXXIII.
Article
45.
Everyone shall be bound to abide by the
Constitution and law.
Everyone shall be bound to perform
conscientiously and responsibly the public function assigned to him.
Article
46.
Everyone shall be bound to assist a person
in danger and to take part in elimination of general danger.
Article 47.
Article 47 has been
deleted on the basis of Item 7 of Amendment LVII.
Article
48.
The rights and freedoms guaranteed by this
Constitution may not be denied or restricted.
Paragraph 2 of Article 48 has been deleted
on the basis of Item 8 of Amendment LVII.
The court protection of the rights and
freedoms guaranteed by this Constitution shall be ensured.
Everyone violating the human rights and
fundamental freedoms guaranteed by this Constitution shall be held personally
responsible for it and may not be justified by having obeyed somebody’s order
to that effect.
Article
49.
Freedoms and rights shall be exercised, and
duties fulfilled directly pursuant to the Constitution, unless the Constitution
provides that conditions for exercising particular freedoms and rights are
spelled out by law.
The manner of exercising particular rights
and freedoms may be determined by law only when it is necessary for their
exercise.
Paragraph 3 of Article 49 has been replaced
by Item 3 of Amendment XXXV.
The Chapter on Human Rights and Fundamental
Freedoms has been supplemented by Items 1 through 3 of Amendment LVII, reading
as follows:
“In
the case there are differences between the provisions on rights and freedoms of
the Constitution of Republika Srpska and those of the Constitution of Bosnia
and Herzegovina, the provisions which are more favourable for the individual
shall be applied.
The
provisions of Articles 10, 21, 30, 32, 33, 34, 38 and 43 of the Constitution on
rights and freedoms of citizens shall be considered the provisions on human
rights and fundamental freedoms and shall apply to all, not only to citizens.
The
provisions of Articles 13, 22, 23, 24, 25, 26, 28 and 30 of the Constitution on
rights and freedoms shall be exercised in conformity with related provisions of
Articles 8 through 11 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms.”
III.
ECONOMIC AND SOCIAL ORDER
Article
50.
The economic and social order shall be
based on the equality of all forms of ownership and free enterprise, the
independence of enterprises and other forms of organisation on management and
appropriation of profit and free movement of goods, labour and capital in the
Republic as a single economic territory.
Article
51.
Through measures of economic and social
policy the Republic shall stimulate the economic development and the increase
of social welfare of citizens.
Article
52.
Free enterprise may exceptionally be
restricted by law for the purposes of protecting the interest of the Republic,
the human environment, health and security of people.
Monopolies shall be forbidden.
Article
53.
The Republic shall ensure consumers
protection.
Article
54.
All forms of ownership shall enjoy the
equal protection of law.
Article
55.
The right to inheritance shall be
guaranteed in accordance with law.
Article
56.
The right to ownership may be restricted or
taken away by law against fair indemnity.
Article 56 has been supplemented by Item 1
of Amendment XXXI, reading as follows:
“During
the state of war, the imminent war threat or the state of emergency, law may
restrict the disposal of or define a special method of the use of a part of
assets belonging to legal and natural persons.”
Article
57.
Article 57 has been replaced by Amendment
XLVIII, reading as follows:
“Foreign
persons may acquire the right to property and the rights through the
investment of capital in accordance with law.
Property
and other rights of a foreign investor acquired through the capital invested
may not be lessened or denied by law nor by any other legal act.
Foreign
persons shall be guaranteed to conduct economic or any other activities and
rights arising from business transfers under the conditions which cannot be
changed to his detriment.
Foreign
investors shall be guaranteed to take freely the profit and the invested
capital out of the Republic.
The
establishment of private enterprises by foreign persons concerning certain
activities and fields may exceptionally be restricted by law when required by
the general social interest.”
Article
58.
Property rights and obligations relating to
socially owned resources and the conditions of transforming the resources into
other forms of ownership shall be regulated by law.
Paragraph 2 of Article 58 has been replaced
by Item 2 of Amendment XXXI, reading as follows:
“Socially-
or State-owned property may as a rule be alienated only according to the market
criteria.“
Article
59.
Paragraph 1, 2 and 3 of Article 59 have
been deleted by Amendment LXXIV.
The use and exploitation of property of
special cultural, scientific, artistic or historical significance, or
significant for the protection of nature or the environment, may be restricted
against a full compensation to the owner.
The protection, use, improvement and
management of the property of general interest, as well as the payment of
compensation for the use of property of general interest and urban construction
sites shall be regulated by law.
Article 60.
Natural and legal
entities shall exercise their ownership rights to real estate according to its
nature and purpose and in accordance with law.
The ownership of farming land shall be
guaranteed, while the framework of ownership of forests and forest land shall
be specified by law.
Article
61.
The Republic shall guarantee to citizens a
minimum of social security and it shall provide for functioning of public
services, in accordance with law.
Public services shall be financed through
funds and budgets, in accordance with law.
Article
62.
The Republic and municipalities shall
establish public revenues and expenditures by means of a budget.
Budget resources shall be raised from taxes,
fees and other levies specified by law.
Article
63.
The duty to pay taxes and other levies
shall be universal and it shall be defined in accordance with taxpayer’s income
bracket.
Article
64.
The Republic shall protect and encourage
the following:
·
the rational use of natural resources with the view of
protecting and improving the quality of life and protecting and reviving the
environment to the general benefit;
·
conservation and enrichment of historical, cultural and
artistic wealth;
·
scientific research;
·
economising of all kinds, in particular the one pertaining to
economic activities and the purchase of apartments;
·
co-operative societies and general co-operation;
·
crafts;
·
physical culture and sports.
Article
65.
Employees shall have the right to participate
in the company management in accordance with law.
The citizens’ influence on the management
of State-owned funds and property shall be specified by law.
IV.
RIGHTS AND DUTIES OF THE REPUBLIC
Article
66.
The rights and duties of the Republic shall
be exercised by the republican bodies specified by the Constitution.
Human rights and freedoms, the equality
before the law, the independence and the equal status of enterprises and other
organisations, the constitutional status and the rights of local
self-government units shall be the basis and the measurement for powers and
responsibilities of republican bodies.
Article 67.
Within the rights
and duties of the Republic laid out by the Constitution, the republican bodies
shall formulate the policy, enact and enforce laws, other regulations and
general acts and carry out the protection of the constitutionality and
legality.
The bodies and organisations in
municipalities may be assigned the enforcement of laws and other regulations
and general acts from within the framework of the rights and duties of the
Republic.
The responsibility for the enforcement of
laws, other regulations and general acts shall be regulated by law.
Article
68.
Article 68 has been replaced by Amendment
XXXII, reading as follows:
“The
Republic shall regulate and ensure:
1. integrity, constitutional order and territorial unity
of the Republic;
In Sub-item 1 of Amendment XXXII the
words: “sovereignty, independence” have been replaced by the words: “integrity,
constitutional order” (Item 1 of Amendment LVIII).
2.
defence and
security;
3.
measures in case of
the state of, imminent threat of war and the state of emergency;
4.
constitutionality
and legality;
5.
implementation and
protection of human rights and freedoms;
6.
property and
obligation relations and protection of all forms of property, legal status of
enterprises and other organisations, their associations and chambers, economic
relations with foreign countries, which have not been transferred to
institutions of Bosnia and Herzegovina, market and planning;
In Sub-item 6 of Amendment XXXII after the
words: “economic relations with foreign countries” the words: “which have not
been transferred to institutions of Bosnia and Herzegovina, market and
planning” (Item 2 of Amendment LVIII) have been added.
7.
banking and tax
system;
In Sub-item 7 of Amendment XXXII, the
words: “monetary”, “foreign exchange” and “customs” have been deleted (Item 3
of Amendment LVIII).
8.
main objectives and
directions of economic, scientific, technological, demographic and social
development, the development of agriculture and the village, the use of space,
politics and measures for direction of the development and commodities;
9.
control of legality
of the disposal of means of legal entities and the collection of statistical
and other data of general interest;
10. organisation, competence and the work of State bodies;
11. public services system;
12. work relations, safety at work, employment, social
insurance and other forms of social care, health care, soldiers and invalid
protection, child and youth care, education, culture and cultural resources
protection, physical culture;
13. environmental protection;
14. public information system;
15. international co-operation, with the exception of the
one transferred to institutions of Bosnia and Herzegovina.
In Sub-item 15 of Amendment XXXII, the
words: ”with the exception of the one transferred to institutions of Bosnia and
Herzegovina” (Item 4 of Amendment LVIII) have been added.
16. Item 16 of Article
68 has been deleted by Amendment LXXV.
17. financing the exercise of the rights and duties of the
Republic;
18. other relations relevant for the Republic, in
accordance with the Constitution”.
V.
ORGANISATION OF THE REPUBLIC
Article
69.
The State government in the Republic shall
be organised according to the principle of the separation of powers.
Paragraph 2 of Article 69 has been
supplemented by Item 1 of Amendment LXXVI, reading as follows:
The constitutional and legislative powers
shall be exercised by the National Assembly. “The legislative authority in the RS shall be performed by the National
Assembly and the Council of Peoples. The laws and other regulations approved by
the National Assembly concerning the vital national interest issues of any of
the constituent peoples shall come into force only after their adoption in the
Council of Peoples.”
Paragraph 3 of Article 69 has been replaced
by Amendment XXXII, reading as follows:
“The
Republic is represented and its national unity symbolised by the President of
the Republic.”
The executive power shall be vested in the
Government.
The judicial power shall belong to the
courts.
The protection of constitutionality and
legality shall be provided by the Constitutional Court.
Article
69 has been supplemented by Amendment LXXVI, reading as follows:
“Of
the below mentioned positions no more than two may be filled from the ranks of
one constituent people or from the ranks of Others
1)
Prime Minister
2)
Chair of the
National Assembly of the Republika Srpska
3)
Chair of the
Council of Peoples,
4)
President of the
Supreme Court
5)
President of the
Constitutional Court
6)
The Republic Public
Prosecutor”
1.
The National Assembly
Article
70.
The National Assembly shall:
1.
decide on amending the Constitution;
2.
enact laws, other regulations and general enactments;
3.
adopt a development plan, urban plan, budget and annual
balance sheet;
4.
determine the territorial organisation of the Republic;
5.
call for the republic referendum;
6.
float the public loan of the Republic and decide on
contracting debts by the Republic;
7.
call for the elections for Assembly deputies and the
President of the Republic;
8.
elect, appoint and dismiss the officials, in accordance with
the Constitution and the laws;
9.
exert control over the work of the Government and other
bodies responsible to it, in accordance with the Constitution and law;
10. grant amnesty;
11. carry out other
activities in accordance with the Constitution and law.
Article 70 has been supplemented by
Amendment LIX, reading as follows:
“
National Assembly shall:
1. elect delegates from the Republic to the House of Peoples
of the Parliamentary Assembly of Bosnia and Herzegovina ;
2. ratify the agreements concluded between the Republic
and the states and international organisations with the consent of the
Parliamentary Assembly of Bosnia and Herzegovina ”
Article 70 has been amended by Amendments
XXXV and Amendment LXI, reading as follows:
“ The
National Assembly, in accordance with law, shall declare
1. the state of war in the case of an armed attack of the
Republic
2. imminent threat
of war in case of a serious threat of war
3. state of emergency for the Republic or a part of
Republic if the security, human rights and freedoms and normal functioning of
the constitutional institutions are threatened”
Article 70 has also been amended by Item 3
of Amendment XXXV (see Article 81 of the Constitution).
Article 70 has been supplemented by
Amendment LXXVII, reading as follows:
“The
vital national interests of the constituent peoples are defined in the
following manner:
-
exercise of the
right of constituent peoples to be adequately represented in the legislative,
executive and judicial bodies;
-
identity of a
constituent people;
-
constitutional
amendments;
-
organization of the
bodies of public authority;
-
the equal rights of
the constituent peoples in decision making process;
-
education; religion; language; promotion of
culture; tradition and cultural heritage;
-
territorial
organization;
-
public information
system and other issues which would be treated as vital national interest
issues if it is so considered by two-thirds of one of the caucuses of the
constituent peoples in the Council of Peoples.”
Article
71.
Paragraph 1 of Article 71 has been replaced
by Amendment LII, reading as follows:
“The National Assembly shall have 83 deputies”.
Paragraph 1 of Article 71 has been
supplemented by Item 1 of Amendment LXXVIII, reading as follows:
“At least four members of one constituent people shall be
represented in the National Assembly.”
Paragraph 2 of Article 71 has been replaced
by Item 2 of Amendment XXXVI, reading as follows:
“The
electoral laws shall establish the electoral units and the system of the
distribution /allocation of mandates ensuring that all municipalities are
appropriately represented in the National Assembly.”
Assembly deputies shall be elected directly
and by secret ballot.
The election and the termination of
mandates of Assembly deputies and the forming of electoral units shall be
determined by law.
Article 71 has been supplemented by Items 2
to 5
of Amendment LXXVIII, reading as follows:
“NO
deputy/poslanik/ of the National Assembly/Municipal Assembly may perform the
function of a delegate to the Council of Peoples.
The
composition of the Council of Peoples shall be based on parity so that each
constituent people has the same number of the representatives.
The
Council of Peoples shall have eight members from each of the constituent
peoples and four members from the ranks of Others. Others shall have the right
to equal participation in the procedure of majority vote.
The
members of the Council of Peoples shall be elected by the respective caucus in
the National Assembly.
In
the event that the number of the members of one Caucus in the Council of
Peoples is bigger than the number of representatives in the respective caucus
of the National Assembly the additional number of delegates shall be elected by
the caucus which shall be established to that purpose from the councilors in
the Municipal Assemblies in the Republika Srpska.”
Article
72.
Assembly deputies shall be elected for a
term of four years.
Article 72 has been supplemented by
Amendment XXXIX, Amendment LX and Amendment LXXIX, reading as follows:
“At
the proposal of a minimum of 30 deputies, the National Assembly may shorten its
mandate by a two-thirds majority of the total number of deputies.
During
the state of war and imminent threat of war, the mandate of the national
Assembly shall be prolonged for the duration of such a state.
The
National Assembly may not shorten its mandate during the war and imminent
threat of war .
Should
the National Assembly shorten its mandate or should it be dismissed, elections
for a new National Assembly must be held within 60 days from the day if
issuance of decision on the shortening of mandate. The elections shall be
scheduled by the President of the Republic.
By
the shortening of mandate of the National Assembly the mandate of the
Government shall also stop.
The President of
the Republic may, after he has heard the opinion of the President of the
Government and the President of the National Assembly decide to dismiss the
National Assembly .“
“The
mandate of members of the Council of Peoples shall last four years.
As a
result of shortening of the mandate of the National Assembly and dissolving of
the National Assembly the mandate of the Council of Peoples shall cease.”
Article
73.
Article 73 has been replaced by Amendment XCIX reading as
follows:
“Deputies of the
National Assembly and members of the Council of Peoples shall not be held
criminally or civilly liable for any acts carried out within the scope of their
duties in the National Assembly or Council of Peoples respectively.”
Article
74.
The National Assembly shall sit in a
continuous session.
The President of the National Assembly
shall convene and chair sessions.
The President shall be obliged to convene a
session upon the request of one third of the total number of deputies, or on
the demand by the President of the Republic or the Government.
Article
75.
Article 75 has been replaced by Amendment
XXXVII, reading as follows:
“The
National Assembly shall decide by a majority vote of all Assembly deputies,
unless the Constitution provides a special majority.”
Article
76.
Article 76 has been replaced by Amendment
XXXVIII, reading as follows:
“The
President of the Republic, the Government, every Assembly deputy or a minimum
of 3,000 voters shall have the right to propose laws, other regulations and
general enactments.”
Paragraph 2 of Article 76 has been deleted
by Amendment LXXXI.
Article
77.
The National Assembly may decide to make a
decision on some issues falling within its competence after a referendum of
citizens has been held.
Article
78.
The National Assembly shall regulate its
work and organisation and the manner of exercising the rights and duties of
deputies.
Article
79.
The National Assembly shall have the
President and two Vice-Presidents elected for a four year term.
Article 79.a
Article 79.a has been introduced by
Amendment LXXXII, reading as follows:
a)
“The procedure for
the laws related to the vital interest as it is defined in the list from
Amendment LXXVII.
The
laws or other regulations or acts adopted by vote of the National Assembly
shall be submitted to and considered by the Council of Peoples if they refer to
the vital interest defined in the amendment LXXVII.
If
more than one Chairman or Vice Chairmen, of the Council of Peoples, deem that a
law, falls within the issues of vital interest defined in the Amendment LXXVII
the law shall be put onto the agenda of the Council of Peoples as the vital
interest issue.
If
only one Chairman or Vice Chairman claims that the law falls within vital
interest issues the two-thirds majority of the respective caucus may declare
that it is the issue from the vital interest list. In that case the procedure
described in paragraph b below shall be followed.
The
Chairman and the Vice Chairmen must make this decision within one week.
If
the majority of each caucus having delegates to the Council of Peoples votes in
favor of such laws or other regulations or acts, they shall be considered as
adopted.
If
the agreement on the amendments is reached within the Council of Peoples such a
law, regulation or act shall be re-submitted to the National Assembly for
approval.
If
the agreement is not possible in the Council of Peoples or if the proposed
amendments are not approved a joint commission shall be formed of the
representatives of the National Assembly and the Council of Peoples. The joint
commission shall be based on parity and shall make decision by consensus. The
joint commission shall consolidate the text of the law.
If
the text of the law is consolidated the law shall be considered as adopted.
If no
agreement is reached, the law shall fail and shall be returned to the proponent
for a new procedure. In that case the proponent may not re-submit the same text
of the law, regulation or act.
b) Procedure for the laws related to vital
national interest if the decision was made by two-thirds majority of one of the
caucuses of the constituent peoples in the Council of Peoples.
In case that two-thirds of one of the
caucuses of the constituent peoples in the Council of Peoples decides that the
law, act or regulation refers to the vital interest, the law shall be
considered by the Council of Peoples.
If the majority of each caucus represented
in the Council of Peoples votes in favor of that law, another regulation or
act, it shall be considered as adopted.
If the Council of Peoples reaches its
agreement on the amendments the law, regulation or act shall be re-submitted to
the National Assembly for approval.
If the joint commission from Item a. fails
to reach an agreement, the issue shall be referred to the Constitutional Court
of the Republika Srpska for a final decision as to whether the law concerned
refers to the vital interest of one of the constituent peoples.
The Panel for the protection of vital
interest within the Constitutional Court of the Republika Srpska shall decide
on the admissibility of such cases by two-thirds majority within one week, and
shall decide on the merits of the cases which are deemed admissible within one
month.
In case the procedure under article
Amendment LXXII b. is ignited by two-thirds majority of one of caucuses the vote of at least two judges are
necessary in order for the Court to decide that it refers to vital interest.
If the Court decides positively on vital
interest, that law shall be considered to have failed and the document shall be returned to the
proponent who needs to institute a new procedure. In that case the proponent
may not submit the same text of the law, regulation or act.
In case the Court decides that the law
concerned does not refer to vital interest the law shall be considered
adopted/shall be adopted by simple majority.”
2.
The President of the Republic
Article 80.
The President of the Republic shall:
1.
represent the Republic;
2.
propose to the National Assembly a candidate for the Prime
Minister;
Item 3 of Paragraph 1 of Article 80 has
been substituted by Amendment XCIII, reading as follows:
3.
“nominate to the
National Assembly candidates for the president and judges of the Constitutional
Court upon proposal by the High Judicial and Prosecutorial Council;”
4.
propose to the National Assembly candidates for the president
and judges of the Constitutional Court;
Item
4 of Paragraph 1 of Article 80 has been substituted by Item 2 of Amendment XL,
reading as follows:
5.
“The President of
the Republic shall promulgate laws by decree within seven days from the day of
their adoption by the National Assembly. The President of the Republic may,
within that timeline, request that the National Assembly make decision on the
law anew.
The President of
the Republic is obliged to promulgate the law which has been readopted by the
National Assembly”;
6.
grant pardons;
7.
confer decorations and awards specified by law;
8.
perform other tasks in accordance with the Constitution;
Article 80 has been supplemented with Item
1 of Amendment XL, reading as follows:
“The
President of the Republic shall:
1.
perform, in accordance with the Constitutions of Bosnia and
Herzegovina and Republika Srpska and other relevant law, tasks related to defence, security and relations of
the Republic with other countries and international organisations,”
Sub-item 2 of Item 1 of Amendment XL has
been substituted by Amendment L, reading
as follows:
2.
“the President of
the Republic shall, at the proposal of the Government, by decree appoint and
recall heads of missions of Republika Srpska in foreign countries, and shall
nominate ambassadors and other international representatives of Bosnia and
Herzegovina from Republika Srpska.
3.
form advisory
bodies and expert agencies for performing tasks falling within his competence.”
In Paragraph 2 of Article 80 the word
“Vice-presidents” has been replaced by “two Vice-presidents of the Republic” by
Item 1 of Amendment LXXXIII:
“Two Vice-Presidents of the Republic shall assist the
President of the Republic in performing tasks entrusted to them by the
President of the Republic.
The
President shall have two Vice-presidents from among different constituent
peoples.”
Paragraph 3 of Article 80 has been substituted
by Item 3 of Amendment XL, reading as
follows:
“The
President of the Republic shall decide which of the vice-presidents of the
Republic shall replace him in case he is temporary prevented from performing
his duties.”
Article
81.
When the National Assembly, due to a State
of emergency, is not able to convene, the President of the Republic shall, upon
obtaining the opinion of the Government, establish the existence of the State
of emergency and order that measures be taken for their remedy, in accordance
with the Constitution and law.
Paragraph 2 of Article 81 has been
substituted by Item 2 of Amendment XXXV reading as follows:
“If
not possible to convene a session of the National Assembly, which is
ascertained on the basis of a statement given by the President of the National
Assembly, a state of war or imminent threat of war shall be declared by the
President of the Republic.
If
the National Assembly cannot convene during a state of war or imminent threat
of war, the President of the Republic shall, at the proposal of the Government
or at his own initiative after he has heard the opinion of the President of the
National Assembly, pass decrees with the force of law regarding the issues
falling under the competence of the National Assembly, and appoint and recall
officials which are normally appointed and recalled by the National Assembly.
The
President of the Republic shall submit these decrees or decisions on the
appointment and recall for approval to the National Assembly as soon as it is
able to convene.
Article 81 has been supplemented with Item
3 of Amendment XXXV, reading as follows:
Exceptionally,
during a state of war or imminent threat of war, enactments passed by the
National Assembly, i.e. enactments by the President of the Republic in case the
National Assembly could not convene, may, while such State is in effect,
suspend certain provisions of the Constitution relating to the adoption of
laws, other regulations and general enactments, to the undertaking of measures
by republican bodies, and to certain human freedoms and rights, except for the
freedoms and rights laid down in Articles 10, 11, 13, 14, 15, 17, 18, 19, 20,
24 and 25 of the Constitution, change the organisation and powers of executive,
managing and judicial bodies and their personnel, as well as the territorial
organisation in the Republic.”
Article
82.
The President of the Republic may request
that the Government presents its stance on certain issues of importance for the
Republic, convene a session of the Government and put on the agenda issues
falling under its competence.
Article
83.
Article 83 has been substituted by Items 4
and 5 of Amendment XL and Amendment XCII, reading as follows:
“Only
one Vice-President of the Republic shall be elected at the first direct elections.
In Item 5 of Amendment XL the words "and Vice-President" have been replaced by the words: "and
Vice-Presidents" by Item 2 of Am. LXXXIII:
The
President and Vice-Presidents of the Republic shall be elected for a four-year
mandate by the citizens through direct and secret ballot.
Paragraph 3 of Article 83 has been deleted
by Item 3 and supplemented with Item 4 of Amendment LXXXIII, reading as
follows:
“The President of the Republic and
Vice-presidents of the Republic shall be directly elected from the list of the
candidates for the President of the Republika Srpska so that a candidate who
wins the highest number of votes shall be elected President while the
Vice-presidents shall be elected candidates from the other two constituent
peoples who win the highest number of votes after the elected President of the
Republic.”
Paragraph 4 of Article 83 has been
substituted by Items 4 and 5 of Amendment XL and Amendment XCII, reading as
follows:
“The
same person may be elected President or Vice-President of the Republic no more
than twice in a row.”
Article
84.
When assuming the office, the President of
the Republic and the Vice-Presidents of the Republic shall take an oath before
the National Assembly.
Article
85.
In case of an imminent threat of war or
state of war, the mandate of the President of the Republic shall be extended as
long as such state is in effect, i.e. until conditions are created for the
election of the President of the Republic.
Article 85 has been supplemented with Item
6 of Amendment XL, reading as follows:
“Provisions
set forth in Articles 85 through 89 of the Constitution, concerning the
President of the Republic, shall also apply to the Vice-President of the
Republic.”
Article
86.
Article 86 has been deleted by Amendment C.
Article
87.
The term of office of the President of the
Republic shall cease before the expiry of the period he was elected for, in
case of his resignation or recall.
Article 87 has been supplemented with Item
6 of Amendment XL, reading as follows:
“Provisions
set forth in Articles 85 through 89 of the Constitution, concerning the
President of the Republic, shall also apply to the Vice-President of the
Republic.”
Article
88.
The President of the Republic shall be
responsible to citizens and they can recall him following the same procedure by
which they elected him.
Article 88 has been supplemented with Item
6 of Amendment XL, reading as follows:
“Provisions
set forth in Articles 85 through 89 of the Constitution, concerning the
President of the Republic, shall also apply to the Vice-President of the
Republic.”
Article
89.
The procedure for nominating, electing and
recalling the President of the Republic shall be regulated by the law.
Article 89 has been supplemented with Item
6 of Amendment XL, reading as follows:
“Provisions
set forth in Articles 85 through 89 of the Constitution, concerning the
President of the Republic, shall also apply to the Vice-President of the
Republic.”
Provisions set forth in the Constitution
concerning the President of the Republic have been supplemented with Amendment
LIII, reading as follows:
“The
advisory body of the highest constitutional institutions in Republika Srpska
shall be the Senate.
The
Senate shall discuss issues of particular importance for the political,
national, economic and cultural development of Republika Srpska, and shall
forward its opinion to the highest constitutional institutions concerning the
issues falling within their competence.
The
Senate shall consist of 55 members appointed by the President of the Republic.
The
Senate members shall enjoy the same immunity as the Assembly deputies.
Sessions
of the Senate shall be convened and chaired by the President of the Republic.
The
Organisation and the mode of operation of the Senate shall be regulated by
law.”
3.
The Government and the Administration of the Republic
Article 90.
The Government shall:
1.
propose laws, other regulations and general enactments;
2.
propose the development plan, urban plan, budget and the
annual balance sheet;
3.
ensure the implementation and enforce the laws, other
regulations and general enactments;
4.
pass decrees, decisions and other enactments necessary for
the enforcement of law;
5.
express its opinion on drafts of laws, other regulations and
general enactments submitted to the National Assembly by another proposer;
6.
define principles of the internal organisation of the
ministries and other administrative bodies and organisations of the Republic,
appoint and recall officials at the ministries, other bodies and administrative
organisations of the Republic;
7.
guide and co-ordinate the work of ministries and other bodies
and administrative organisations of the Republic;
8.
carry out supervision of the work of the ministries and other
bodies and administrative organisations of the Republic, and annul or cancel
their enactments which are in contravention of law or some other regulation
passed by the Government
9.
carry out other tasks in accordance with the Constitution and
law.
Article 90 has been supplemented with Item
1 of Amendment XLI and changed by Amendment LXI, reading as follows:
“The
Government shall decide on the
establishment of the Republic’s missions abroad.”
Article
91.
The Government shall be elected for a term
of four years.
A new Government shall be elected each time
a new National Assembly is elected.
Article
92.
The Government shall consist of the Prime
Minister, Deputy Prime Minister and ministers.
Paragraph 2 of Article 92 has been
substituted by Item 2 of Amendment XLI, reading as follows:
“A
member of the Assembly who has been nominated for the post of Prime Minister,
Deputy Prime Minister or Minister cannot take part in deciding on the election
of Government, while a member of the Assembly who has been elected to those
positions cannot take part in a vote of no confidence to the Government, in a
vote on his recall, on a report made by the Government or the ministry he
runs.”
Article 92 has been supplemented by
Amendment LXXXIV, reading as follows:
“The Prime Minister and Deputy Prime
Ministers may not be from the same constituent people.
After the full implementation of Annex 7 at
least 15% of the members of the Government must be from one constituent people.
At least 35% of the members of the Government must be from two constituent peoples. One member
of the Government must be from the ranks of Others.
In the transitional period until the full
implementation of Annex 7, the Government of the Republika Srpska (Prime
Minister and 16 ministers) shall be comprised of eight ministers from the ranks
of the Serb, 5 from the ranks of the Bosniak and 3 from the ranks of the Croat
people. One Minister from the ranks of Others may be appointed by the Prime
Minister from the quote of the largest constituent people.
The Government shall also have its Prime
Minister who shall have two deputies from the ranks of different constituent
peoples, to be elected from the ranks of the ministers.”
Article
93.
The candidate for the Prime Minister shall
present his program to the National Assembly and propose a list of ministers of
the Government.
The Government shall be elected if the
majority of the total number of deputies of the Assembly have voted for it.
Article
94.
The Government and its members shall be
responsible to the National Assembly.
The National Assembly may vote no
confidence to the Government.
The proposal for a no confidence vote to
the Government may be submitted by at least 20 representatives.
The Government itself may ask for a vote of
confidence at the National Assembly.
The Prime Minister may propose to the
National Assembly a dismissal of individual members of the Government.
A decision on the dismissal of the
Government or any of its members shall be considered adopted if it has been
voted by the majority of the total number of deputies.
The Government and each of its members may
submit their resignations to the National Assembly.
The resignation or dismissal of the Prime
Minister shall entail the resignation of the entire Government.
A Government which has been voted no
confidence, which has resigned or whose mandate has been revoked because of
dissolution of the National Assembly, shall remain in office until a new
Government is elected.
Article 94 has been supplemented with Items
3, 4 and 5 of Amendment XLI, reading as follows:
“The
President of the Republic shall propose a candidate for the Prime Minister
within 10 days from the day his resignation was accepted, no confidence voted
or the mandate of the previous Government expired due to the dissolution or the
shortening of the mandate of the National Assembly. The new Government must be
elected within 40 days from the day the candidate for the new Prime Minister
was nominated.
During
the mandate of the Government, the Prime Minister may, based on the opinions of
the President of the Republic and the President of the National Assembly, make
changes in the composition of the Government, of which he shall inform the
National Assembly.
If he
assesses that there has been a crisis in the work of the Government, the
President of the Republic may, at the initiative of at least 20 Assembly representatives
and after obtaining the opinion of the President of the National Assembly and
the Prime Minister, demand that the Prime Minister resigns. Should the Prime
Minister refuse to resign, the President of the Republic may dismiss him.
During
a state of war or imminent threat of war, the National Assembly may vote no
confidence to the Government by the majority of votes at the session attended
by the majority of the deputies.”
Article
95.
Article 95 has
been deleted by Amendment CII.
Article
96.
The organisation and mode of operation of
the Government shall be regulated by law.
Article
97.
The affairs of the State administration
shall be conducted by the ministries and other administrative bodies of the
Republic.
The ministries and other administrative
bodies of the Republic shall implement laws and other regulations and general
enactments of the National Assembly and Government, as well as enactments by
the President of the Republic, shall decide in administrative matters, carry
out supervision and other administrative affairs prescribed by law.
The ministries and other administrative
bodies of the Republic shall be independent in exercising their competencies
prescribed by the Constitution and law.
Certain administrative powers may be
entrusted by law to enterprises and other organisations.
Article 97 has been supplemented by
Amendment LXXXV of the Decision of the High Representative No. 150/02,
reading as follows:
Constituent peoples and members
of the group of Others shall be proportionally represented in public
institutions in Republika Srpska.
As a constitutional principle,
such proportionate representation shall follow the 1991 census until Annex 7 is
fully implemented, in line with the Civil Service Law of Bosnia and
Herzegovina. Further and concrete specification of this general principle shall
be implemented by Entity legislation. Such legislation shall include concrete
time lines and shall develop the aforementioned principle in line with the
regional ethnic structure in the Entities.
“Public institutions” as
mentioned above are the ministries of the RS Government, municipal governments,
District courts in Republika Srpska and municipal courts in Republika Srpska.
4.
The National Bank
Article
98.
Article 98 has been deleted by Amendment
LXXXVI.
5.
Agency for Payment Operations and Financial Control
Article
99.
Article 99 has been deleted by Amendment
LXXXVI.
VI.
TERRITORIAL ORGANIZATION
Article
100.
The territorial organisation of the
Republic shall be regulated by law.
Article
101.
(Article 101 has been deleted by Amendment
XXXII)
Article
102.
The municipality shall, through its bodies,
and in accordance with the law:
1.
enact a development program, urban planning, budget and
annual balance sheet;
2.
regulate and ensure performing of the municipal activities;
3.
regulate and ensure the use of urban construction sites and
business premises;
4.
take care of construction, maintenance and use of local
infrastructure, and other public facilities of importance to the municipality;
5.
take care of meeting specific needs of citizens in the areas
of culture, education, health and social welfare, physical culture, public
information, handicrafts, tourist trade and catering services, environment
protection and other areas;
6.
execute laws, other regulations and general enactments of the
Republic whose execution is entrusted to the municipality, provide for the
execution of regulations and general enactments of the municipality;
7.
establish agencies, organisations and services to meet the
needs of the municipality, and regulate their organisation and work;
8.
attend to other business as established by the Constitution,
the law and the statute of the municipality.
The system of local government shall be
regulated by law.
The performance of tasks of local
government may be entrusted to the city by law.
Article 102 has been supplemented by Item 2
of Amendment LXXXV, reading as follows:
“In
the municipal authority bodies the representation of the members of the constituent peoples and Others shall be
provided in proportion to the ethnic composition of the population based on the
last census and composition of the Municipal Assembly.”
Article
103.
The city and municipality shall be entitled
to revenues as established by law, and resources for administering the tasks entrusted
to them.
VII.
DEFENCE
Article
104.
The defence and protection of the territory
and constitutional order of Republika Srpska is the right and duty of all
citizens.
The words “sovereignty” and “independence”
have been deleted from Paragraph 1 of Article 104 (Amendment LXIII).
The rights and duties regarding defence
shall be set out in a separate law.
Article
105.
Republika Srpska shall have its own Army,
consisting of standing units and reserve units.
Permanent units shall consist of professional
soldiers and soldiers serving the Army.
A separate law shall be passed on the Army
of the Republika Srpska.
Article
106.
Article 106 has been supplemented by
Amendment CV
At war and at peacetime, the Army of
Republika Srpska shall be commanded by the President of the Republic, according
to the Constitution and law subject to the provisions on civilian command in
Article V.5(a) of the Constitution of Bosnia and Herzegovina.
The President of the Republic shall
nominate, promote and recall the officers of the Army of Republika Srpska in
accordance with law, he shall nominate and recall the president, judges and
members of the jury of the military courts as well as the Army prosecutors.
Article
107.
Military courts and Army prosecutors shall
be established by law.
Military courts shall be independent and
shall adjudicate in accordance with the law.
VIII.
CONSTITUTIONALITY AND LEGALITY
Article
108.
Laws, statutes, other regulations and
general enactments must be in conformity with the Constitution.
Regulations and other general enactments
must be in conformity with the law.
Article
109.
Laws, other regulations and general
enactments shall enter into force not earlier than on the eighth day after the
day of their publication, unless, for particularly justified reasons, it is
stipulated that they enter into force at an earlier date.
Before entering into effect, laws, other
regulations and general enactments of State agencies shall be published in an
appropriate official gazette.
Article
110.
Laws, other regulations and general
enactments may not have retroactive effect.
If so required by public interest
established in the procedure of enactment of the law, the law may stipulate
that some of its provisions shall have a retroactive effect.
Punishable offences shall be prescribed and
punishments for their commission pronounced according to law or other
regulation which was in force at the time of the commission of the offence,
unless the new law, i.e. regulation, is more favourable for the perpetrator.
Article
111.
State agencies and organisations exercising
public powers may decide in individual cases on rights and duties of citizens
or, apply coercive measures and restrictions only in a procedure prescribed by
law, in which everyone is provided with the opportunity to defend his rights
and interests and to appeal against the issued act or apply any other legal
remedy prescribed by law.
Article
112.
In the proceedings before a court or other
State agency or organisation which, in exercise of public powers rules on his
rights and duties, each person shall be guaranteed the right to use his own
language and to familiarise himself with the facts of the proceedings in his
language.
Article
113.
An appeal may be lodged with a competent
body against the individual rulings issued in the first instance by judicial,
administrative and other State bodies, as well as by organisations exercising public powers.
Exceptionally, an appeal may be disallowed
by law if the right to legal remedy and protection of legality have been
secured in some other way.
The legality of final and binding
individual acts by which State agencies and organisations exercising public
powers decide on rights and duties, shall be decided upon by a court in the administrative dispute
proceedings, unless another kind of judicial protection has been provided for
the specific matter.
By way of exception, the administrative
dispute proceedings may be excluded only by law in specific kinds of
administrative matters.
Article
114.
The Government of the Republic shall have
the right to suspend the implementation of a regulation, a general or
individual enactment, which it considers to be unconstitutional or unlawful,
until the Constitutional Court has reached a decision.
The Republic shall have the right and duty
to ensure the enforcement of laws and other regulations directly through the
agencies of the Republic, if the agencies and organisations of the Republic do
not enforce them themselves.
IX.
THE CONSTITUTIONAL COURT
Article
115.
Paragraph 1 of Article 115 has been amended
by Item 1 of Amendment LXXXVIII, reading as follows:
“The
Constitutional Court shall decide on:
1.
Conformity of laws, other regulations and
general enactments with the Constitution;
1.a the compliance of laws, other regulations
and enactment of the National Assembly with the provisions of the Constitution
on the protection of vital interests of the constituent peoples,“
2.
conformity of regulations and general enactments with the
law;
3.
conflict of jurisdictions between bodies of legislative,
executive and judicial branch;
4.
In Item 4 of Paragraph 1 of Article 115 the word
“region” has been deleted (Item 3 of Amendment XLIII,).
5.
conflict of jurisdiction between agencies of the Republic,
city and municipality;
6.
conformity of programmes, statutes and other general
enactments of political organisations with the Constitution and the law.
Article 115 has been supplemented with
Items 1 and 2 of Amendment XLII, reading as follows:
“The Constitutional Court shall monitor
events of interest for the achievement
of constitutionality and legality, and inform the highest constitutional
bodies of the Republic on the status and problems in that area, offering them
opinions and proposals for adopting laws and undertaking other measures for the
purpose of ensuring constitutionality and legality, as well as the protection
of freedoms and rights of citizens, organisations and communities.
The
Constitutional Court may assess the constitutionality of laws and both the
constitutionality and legality of regulations and general enactments, which
have ceased to be effective, provided that not more than one year has elapsed
from the date of the cessation of validity to the date of initiating the
proceedings.”
Article 115 has been supplemented with
Amendment CIII, reading as follows:
The Constitutional Court shall decide questions concerning
immunity, which arise under legislation regulating the same in the Republika
Srpska.
Article
116.
The Constitutional Court shall have seven
judges.
Constitutional Court judges shall be
elected for the period of eight years, and may not be re-elected.
The same person may not be elected twice to
the office of the president of the Constitutional Court.
Article 116 has been supplemented with Item
2 of Amendment LXXXVIII, reading as follows:
“The
Constitutional Court shall have maximum of nine judges.
The
Panel for the protection of vital interest of the Constitutional Court of the
Republika Srpska shall be established in order to decide the issues of vital
interest in the procedure described in Amendment LXXXII. This panel shall
consider all issues which are of vital interest.
The
Panel for the protection of vital interest shall be composed of seven members,
two from each constituent people and one members from the ranks of Others. The
judges shall be elected by the National Assembly of Republika Srpska and the
Council of Peoples.”
Article
117.
A judge of the Constitutional Court may not
hold another public function.
Paragraph 2 of Article 117 has been
substituted by Item 5 of Amendment XLII, reading as follows:
“The
President and judges of the Constitutional Court shall enjoy the same immunity as the Assembly deputies. The
Constitutional Court shall decide on immunity.”
Article
118.
A judge of the Constitutional Court shall terminate
his office at his own request.
Paragraph 2 of Article 118 has been
substituted by Item 6 of Amendment XLII, which reads:
“A
judge of the Constitutional Court shall be relieved of his duty if he is
convicted of a crime which makes him unworthy of performing his function, if he
becomes permanently incapable of performing the function, as well as due to
other reasons prescribed by the Constitution and law.”
Article
119.
The decisions of the Constitutional Court
are universally binding and enforceable in
the territory of the Republic.
The words “in the territory of the
Republic” have been added after the word “enforceable” in Paragraph 1 of
Article 119 (Amendment LXIV).
The execution of the decisions of the
Constitutional Court shall be ensured by the Government.
Article
120.
The proceedings before the Constitutional
Court, the legal effect of its decisions and other issues regarding its
organisation and work shall be regulated by law.
Article 120 has been supplemented with
Items 3 and 4 of Amendment XLII, reading as follows:
“Anyone
can give an initiative to start the proceedings for assessing the
constitutionality and legality.
Proceedings
with the Constitutional Court may, without restriction, be initiated by the
President of the Republic, by the National Assembly and by the Government,
while other bodies, organisations and communities may do so under conditions
prescribed by law.
The
Constitutional Court may initiate the proceedings itself to assess the
constitutionality and legality.
When
the Constitutional Court assesses that a law is not in accordance with the
Constitution, or that another regulation or general enactment is not in
accordance with the Constitution or law, such law, regulation or general
enactment shall cease to be effective on the day of the publication of the
Constitutional Court’s decision.”
X.
COURTS AND PUBLIC PROSECUTOR’S OFFICES
Article
121.
Judicial power shall be exercised by
courts.
The courts shall be autonomous and
independent and shall adjudicate on the basis of the Constitution and laws.
The courts shall protect human rights and
freedoms, the established rights and interests of legal subjects and legality.
Article 121.a
Article
121.a. has been added by Amendment XCIV, reading as follows:
“The Judiciary is
autonomous and independent from the executive and legislative powers of
Republika Srpska.
The High Judicial and Prosecutorial Council
of Republika Srpska shall ensure the autonomy, independence, impartiality,
competence and efficiency of the Republika Srpska judiciary and of the
prosecutorial service. The responsibilities of the High Judicial Council shall
include, but shall not be limited to, the appointment, discipline and removal
of judges, apart from the Judges of the Constitutional Court of the Republika
Srpska, and shall also include public prosecutors and deputy public prosecutors
in the Republika Srpska. The composition and additional responsibilities of the
High Judicial and Prosecutorial Council shall be defined by law.”
Article
122.
The establishment and jurisdiction of
courts, as well as the procedure before the courts, shall be specified by law.
Article
123.
The Supreme Court of the Republic, as the
highest court in the Republic, shall ensure a unified enforcement of law.
Article
124.
Court hearings shall be public.
The public may be excluded from a court
hearing in the cases specified by the law for the purpose of protecting special
interests of the Republic, preserving a secret, protecting moral and interest
of juveniles, private life of the parties to the proceedings and protecting
other public interest.
Article
125.
The court shall sit in panels.
Matters to be adjudicated by a single judge
shall be specified by law.
Lay judges shall also take part in the
trial, in a manner prescribed by the law.
It may be prescribed by law that in
specific courts and in particular matters only judges shall participate in
adjudication.
Article 126.
In Article 126 the
words: “in criminal or civil procedure” have been inserted and the words
“National Assembly” have been replaced by the words “High Judicial and
Prosecutorial Council” by Amendment XCV.
No one participating in the trial shall be
held responsible in criminal or civil procedure for an opinion expressed in the
passing of a court decision, nor can anyone be detained in proceedings
instituted because of a criminal offence committed in performing the judicial
function without the approval of the High Judicial and Prosecutorial Council.
Article
127.
Article 127 has been substituted by
Amendment XCVI, reading as follows:
“Judges,
apart from reserve judges shall, save as hereinafter set out, be appointed for
life subject to resignation, retirement or removal for cause by the High
Judicial and Prosecutorial Council in accordance with the law. Judges may likewise
exceptionally cease to hold office pursuant to a selection process following
court restructuring during the transitional period to be defined in the Law
establishing the High Judicial and Prosecutorial Council. The mandatory age for
judges shall be determined by Law. Terms of service, including immunity of
judges shall be determined by law. The salary and other emoluments of a judge
may not be diminished during the period of his/her judicial office except as a
result of disciplinary proceedings in accordance with law.
A
judge may not hold a public office or pursue any form of gainful employment
defined by law as incompatible with the judicial function.”
Article
128.
Public
prosecutor’s office is an independent State body which prosecutes the perpetrators
of criminal offences and other criminal acts which are punishable under the
law, and applies legal remedies in order to protect constitutionality and
legality.
The establishment, organisation and
jurisdiction of a public prosecutor’s office shall be regulated by the law.
A public prosecutor’s office performs its
function on the basis of the Constitution and law.
Article
129.
Article 129 has been substituted by
Amendment XCVII, reading as follows:
“Public Prosecutors and Deputy Public
Prosecutors shall be appointed for such period as may be determined by Law
subject to resignation, retirement or removal for cause by the High Judicial
and Prosecutorial Council in accordance with the law. Public Prosecutors and
Deputy Public Prosecutors may exceptionally cease to hold office pursuant to a
selection process following restructuring of Public Prosecutor’s Offices in the
transitional period to be defined in the Law establishing the High Judicial and
Prosecutorial Council. The mandatory age for public prosecutors and deputy
public prosecutors shall be defined by Law. Terms of service, including
immunity of public prosecutors and deputy public prosecutors shall be
determined by law.
A
Public Prosecutor or a deputy public prosecutor may not hold any office or pursue
any form of gainful employment defined by law as incompatible with his
function.”
Article
130.
Article 130 has been substituted by
Amendment XCVIII, reading as follows:
“Judges, including the Court Presidents,
public prosecutors and deputy public prosecutors are selected, appointed,
disciplined and removed by the High Judicial Council in accordance with the
law.”
Article
131.
Law practice shall be an autonomous and
independent activity and service which renders public assistance.
The organisation and work of law practice
shall be regulated by the law.
XI.
AMENDING THE CONSTITUTION
Article
132.
A proposal to amend the Constitution of the
Republic may be submitted by the president of the Republic, the Government, and
at least 30 deputies of the National Assembly.
A proposal to amend the Constitution shall
be decided upon by the National Assembly by the majority of votes of the
deputies.
Article
133.
Draft Amendment to the Constitution shall
be set forth by the National Assembly by the majority of votes of the total
number of deputies.
Draft Amendment to the Constitution shall
be open for a public debate.
Article
134.
After a public debate on the Draft
Amendment to the Constitution has been held, the National Assembly Commission
for Constitutional Issues shall set forth a Proposal Amendment to the
Constitution.
Article
135.
Paragraphs 1 and 2 of Article 135 have been
replaced by Amendment LXXXIX, reading as follows
“The
National Assembly and the Council of Peoples shall decide on the proposal of
the act on changes to the Constitution.
A
change of the Constitution shall be adopted should at least two thirds of the
total number of the assembly deputies and a majority of the members of the
Council of Peoples from each constituent people and Others vote in favor of
it.”
Article
136.
The Amendment to the Constitution shall be
promulgated by the National Assembly.
Article
137.
The Constitution of the Republic may be
amended by constitutional amendments.
In case of a state of war or an imminent
threat of war, the National Assembly may draft a proposal to amend the
Constitution and adopt constitutional amendments at the same session (without
holding a public debate).
XII.
FINAL PROVISIONS
Article
138.
Article 138 has been substituted by
Amendment LI, supplemented by Amendment LXV, deleted by Amendment XC and
re-introduced by Amendment XCI, reading as follows:
1.
“As from the
adoption of the amendments to the Entity constitutions, the Constitutional
Commission of the Republika Srpska (as established by the High Representative)
shall follow the principles contained in this document.
2.
After the next
municipal elections, the final manner of election of the members of the Council
of Peoples shall be regulated by the National Assembly and the Council of Peoples.”
Article
139.
This Constitution shall enter into force on
the day of its promulgation.
Article
140.
A constitutional law shall be enacted for
the enforcement of this Constitution.
