Press Release

With regard to the statements made in the public in connection with the opinion given by the Venice Commission upon a request by Mr. Željko Komšić, Member of the Presidency of Bosnia and Herzegovina (BiH), the Constitutional Court of BiH issues the following release:

It is with concern that we have been following improper statements and new pressure on the Constitutional Court of BiH in connection with the recent, allegedly unconstitutional selection of a judge of Constitutional Court of BiH.

The Constitutional Court has warned the public for some time now that improper and unacceptable pressure was being made on this institution through the non-selection of judges from the Republika Srpska and, until recently, from the Federation of BiH, the purpose of which is to degrade and render this institution pointless.  The Constitutional Court has been making every effort within its power to perform its functions as efficiently as possible and, through protecting the Constitution of BiH, ensure the rule of law and protect the human rights and freedoms of all citizens of Bosnia and Herzegovina.

Recently the Federation of BiH, in accordance with the Constitution of BiH, selected a new judge who has already assumed his office. The most recent opinion of the Venice Commission on the request of Mr. Željko Komšić, Member of the BiH Presidency, giving recommendations for selection of judges in the future cannot be interpreted that the Venice Commission took the position that the selection of the new judge of the Constitutional Court was “unconstitutional”. The selection was carried out in accordance with the Constitution of BiH, and any further elaboration of the criteria for future selections is a matter not decided by the Constitutional Court.

The purpose of this kind of pressure, coupled with the non-election of judges and the financial pressure, is to undermine the integrity and authority of the Constitutional Court of BiH. For this reason, we call upon the public, politicians, analysts and everyone else who contribute to these attacks on the Constitutional Court by making improper statements to refrain themselves and, at least in that way, give their contribution to the Constitutional Court's efforts to preserve the efficiency and integrity of this institution in these difficult circumstances in which it is forced to operate.

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