Dozens of cases have been initiated in the courts of Bosnia and Herzegovina due to attempts to appropriate state property, despite the verdicts of the Constitutional Court of Bosnia and Herzegovina. And that is only a small part, because as they say in the Office of the Attorney General of Bosnia and Herzegovina, the attempts are quite widespread - the question is whether they were informed about each one, and how many are actually hiding.
Ismet Velić spent another working day in court. This time in question is the Municipal Court in Mostar, where the attorney general of Bosnia and Herzegovina represented the state in the case of agricultural land. There are such cases at all levels in Bosnia and Herzegovina.
"Despite the large number of decisions of the Constitutional Court of Bosnia and Herzegovina that refer to state property, we still have actions that are contrary to such decisions. Institutions, administrative levels that do not have the authority to do so, are trying to regulate that area, to appropriate state property. Those attempts are quite widespread, and the question is whether the Office of the Attorney General has been notified of all cases," Velić told N1.
Back in September 2004, the Peace Implementation Council asked Bosnia and Herzegovina to find a permanent solution to the issue of state property. In the same year, the Commission for State Property was formed, which completed its work in 2016 without concrete criteria and recommendations that should have served the Parliamentary Assembly as a basis for the framework Law on State Property.
"It is an obligation," says Ismet Velić.
"The obligation of state institutions to pass appropriate regulations that will regulate the issue of status and rights and eventual disposal and use of the property in question", he explained.
In the meantime, the Constitutional Court of Bosnia and Herzegovina passed several judgments that overturned laws or certain provisions where it was stated that the owner of the property is the state of Bosnia and Herzegovina, not the RS. But the disputed laws were not abandoned; after each overthrown, a new one would follow, and so on in a circle, until the Constitutional Court of Bosnia and Herzegovina declares. And such practice will be continued, Milorad Dodik repeated today.
"As soon as there is an opportunity, a new law with the same content will be proposed, which will be passed every time it is repealed.
Since the previous law was annulled, we will pass a new one because there is no other way to fight", said the member of the presidency from the RS and the leader of the SNSD.
And that Dodik will persist in this was shown by a special session of the NSRS ten days ago, at which, among other things, the proposal to amend the Law on Agricultural Land was re-adopted, which, among other things, foresees the possibility of exchanging land between entities and local communities, which the OHR also called unconstitutional. . The veto of the Club of Bosniaks was announced again.
How to dispose of property?
"The only thing that solves it is a general agreement to sit down at the table and come up with a final solution," comments Igor Crnadak, PDP deputy in the People's Assembly of the Republic of Srpska.
The High Representative Christian Schmidt's attempt to form a working group that will recommend criteria for the state law, remains on the test. The main reason is that the ruling elite of the RS believes that Bosnia and Herzegovina is "composed of entities", that it is a "community", not a state, and as such has no right to property. And that goes unpunished, which is misused in the Federation of BiH as well.
"Don't forget that after the last communique of the Peace Implementation Council, it was recognized that the same actions on a smaller scale, and with other objectives, corruptly and criminally took place in the Federation of Bosnia and Herzegovina, cities, municipalities, cantons", noted expert for state property Muharem Cero.
Disagreements about constitutional issues really help big capital, tycoons close to the ruling elites, personal interests that use all of the above to usurp and enrich themselves for small amounts of money. As evidenced by the cases of the State Attorney's Office, this is happening in the entire territory of BiH.