Dismissal of Tegeltija as an example to those who go against the Constitution

Dismissal of Tegeltija as an example to those who go against the Constitution

SARAJEVO, February 13 (FENA) – The decision of Milan Tegeltija (President of the High Judicial and Prosecutorial Council of BiH) to act on the orders of political parties from the RS entity, not the BiH Constitution, is sufficient reason for his immediate dismissal, and we urge the remaining HJPC members to initiate proceedings on the matter. If they refuse to do so and continue to show loyalty to Tegeltija, the institutions of the international community must be involved in solving the problem, said Adil Osmanović, head of the SDA caucus in the House of Representatives of the BiH Parliamentary Assembly.

As he pointed out, yesterday’s meeting in Banja Luka was exclusively a political party meeting, and the fact that the holder of one of the highest positions in the judiciary declares that he will be loyal to the decisions of certain political parties represents an utmost scandal.

“Tegeltija’s statement that he is “awaiting the official decision of the RS institutions to block the work of the state institutions,” shows once again that at the head of the judicial system we have a person who does not know, does not respect and does not implement the Constitution and laws. If Tegeltija were a man of the law, he would know that there was no article of the Constitution and the laws under which one would have the power to decide to block the work of state institutions.

Under the Constitution and laws of Bosnia and Herzegovina, no one has the freedom or right to oblige representatives in institutions to collectively impede decision-making and therefore the work of the institutions themselves.

Moreover, the attempt to create a “coordination of the RS representatives in the state institutions” is, in fact, an attempt to create para-institutions and this directly undermines the constitutional order,” Osmanović warns.

Considering that we are in a situation of paradox that the highest officials of judicial institutions do not respect the Constitution and the laws, the only way to prevent further complication of this situation, Osmanović adds, is the urgent and decisive intervention of the international community, based on the peace implementation mandate in accordance with the Dayton Peace Agreement.

“Dismissal of Milan Tegeltija from his duty because of his direct act of breaking the law and actions against the rule of law, by putting the conclusions from a political party meeting above the Constitution and the Dayton Peace Agreement, could serve as a transparent example to anyone else who decides take such a course, while the absence of a decisive reaction can only encourage the continued threatening of the constitutional order,” stated Osmanović in his reaction.