BOSANSKA DUBICA, September 24 (FENA) – The Constitutional Court of Bosnia and Herzegovina has made the only possible and logical decision when it comes to its assessment that the provisions of the Law on Forests of the entity of Republika Srpska are unconstitutional, said a member of the Presidency of Bosnia and Herzegovina Šefik Dzaferović.
“The decision is in accordance with the Constitution of BiH and it is in line with earlier decisions of the Constitutional Court of BiH related to state property. The state of BiH must pass a law that will regulate the issue of state property and management of state property, and that is its job, it is not the job of any other level of government in BiH,” Džaferović said.
He noted that a state-level law should regulate the role of other authorities as ordered by the decision of the Constitutional Court, as this is the first decision of that court that speaks generally about state property.
The Constitutional Court of BiH found that certain provisions of the Law on Forests of the entity of Republika Srpska, in which the ownership of forests in the territory of that entity is treated as the “ownership of Republika Srpska”, are not in accordance with the Constitution of BiH.
Vice President of the Constitutional Court Mirsad Ćeman added that the issue should be regulated by the state of BiH with its law because the competence is primarily on the state, i.e. the Parliamentary Assembly of BiH, and then depending on the solution and criteria determined by that state law, entities or other organizational units can further regulate the matter.
The purpose of this decision is that the Constitutional Court has obliged the BiH Parliamentary Assembly as an authorized institution to pass a law and then regulate what levels of government and to which extent will have the ownership or the right of disposal of the forests in BiH.