Decision of The Constitutional Court
On 11 February 1999, Mirko Banjac, at the time Deputy Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, instituted a request for, among other issues, the evaluation of the constitutionality of the Law on the Council of Ministers of Bosnia and Herzegovina and the Ministries of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, No. 4/97) which foresaw the existence of two Co-Chairs and a Vice-Chair of the Council of Ministers. In its decision the Court had, among other things, stated the following:
Article V.4 of the Constitution of Bosnia and Herzegovina defines the Council of Ministers of Bosnia and Herzegovina, which is composed of the Chair of the Council of Ministers and a certain number of ministers as may be appropriate, who are responsible for the implementation of the policy and the decisions of Bosnia and Herzegovina from within the competencies of the institutions of Bosnia and Herzegovina; the Presidency of Bosnia and Herzegovina appoints the Chair of the Council of Ministers of Bosnia and Herzegovina, who assumes the office upon the approval by the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina; the Chair of the Council of Ministers appoints the Minister of Foreign Affairs, the Minister of Foreign Trade and other ministers as may be appropriate (no more than two thirds of the ministers may be appointed from the territory of the Federation of Bosnia and Herzegovina), who assume the office upon the approval by the House of Representatives; also, the Chair appoints deputy ministers (who may not be from the same constituent people as their ministers), who assume the office upon the approval by the House of Representatives. It follows from what has been stated above that the challenged provisions of the law defining the Co-Chairs and the Vice-Chair of the Council of Ministers are not in accordance with the Constitution of Bosnia and Herzegovina, since the Constitution clearly establishes the traditional function of a Prime Minister designate who also appoints the ministers according to Article V.4 of the Constitution of Bosnia and Herzegovina.
The Court gave the Parliamentary Assembly of Bosnia and Herzegovina a three-month period from the date of publication of its decision on this matter in the "Official Gazette of Bosnia and Herzegovina" to bring the contested provisions of the Law in conformity with the Constitution of Bosnia and Herzegovina. After the Parliamentary Assembly failed to do that the Court, acting upon the request of the applicant and pursuant to its decision of 14 August 1999 and the legal standpoint exemplified in the reasons of the decision, established that certain provisions of the Law on Ministers and Ministries shall cease to be valid.
Read more about this topic: Council Of Ministers Of Bosnia And Herzegovina
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