133rd plenary session

The Constitutional Court of Bosnia and Herzegovina has held today its 133rd plenary session by electronic means.

At this session, the Constitutional Court has exclusively deliberated and decided on the requests for interim measure filed by applicants Mr. Željko Komšić, Member of the Presidency of BiH, 11 delegates of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina and five delegates of the House of Peoples of Bosnia and Herzegovina who submitted requests for review of constitutionality of the Law on Immovable Property Used for Functioning of Public Authority (Official Gazette of the Republika Srpska, 16/23). The Constitutional Court adopted decision granting the applicants’ requests for interim measure. The Constitutional Court has temporarily rendered ineffective the Law on Immovable Property Used for Functioning of Public Authority (Official Gazette of the Republika Srpska, 16/23). This decision shall be rendered effective immediately and shall be legally binding pending a final decision of the Constitutional Court of Bosnia and Herzegovina with regards to the submitted request.

Considering the requests are based on the same or similar claims of unconstitutionality of the challenged law and request adoption of the same interim measure, the Constitutional Court has, in accordance with Article 31(1) of the Rules of the Constitutional Court, adopted the decision on joining of requests in which it will conduct one proceeding and adopt one decision registered under no. U-5/23. The Constitutional Court considers that the adoption of an interim measure would prevent potential adverse consequences that could arise as a result of its application. Without prejudicing the final decision on the request, the Constitutional Court considers that the adoption of the interim measure is necessary in the interest of legal security, especially bearing in mind that the measure only temporarily suspends the application of the disputed Law.

The Constitutional Court will decide on the requests for review of constitutionality at one of the future plenary sessions.

This decision will be delivered to the applicants as soon as possible and posted on the website of the Constitutional Court of Bosnia and Herzegovina.

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