Bosnia and Herzegovina

Republika Srpska has adopted the law that bans the implementation of decisions made by the Constitutional Court of BiH

On June 28, Republika Srpska adopted a law prohibiting the implementation of the Constitutional Court’s decisions on the territory of the entity. The Law on the Non-Enforcement of Decisions of the Constitutional Court of Bosnia and Herzegovina intended to nullify the Constitutional Court’s authority in the entity. The majority of the Republika Srpska National Assembly 56 MPs was in favour out of 65 MPs in total.

Lawmakers argued that this measure was temporary and was implemented in response to the court’s assertion that it could render decisions even in the absence of the Serb judge, who had withdrawn from the deliberations under instructions from the Bosnian Serb leadership.

As per the implemented law, the amendments made to the Rules of the Constitutional Court and the decisions of the Court that were adopted with these new amendments will not be enforced or applied within the territory of the Republika Srpska. Moreover, the conclusions the ruling majority parties proposed were approved with 50 votes in favour. These conclusions entail the obstruction of implementing any of the 14 priorities on Bosnia and Herzegovina’s path to EU accession until the Constitutional Court of BiH reform is undertaken.

Combined with the anti-Dayton rhetoric by some Republika Srpska leaders, the law represents a dangerous escalation in secessionist threats. President of Republika Srpska Milorad Dodik declared that the implementation of the law „implies that we will have our relationship with the Constitutional Court in this way, as we had the other day with the fake High Representative“. He adds that „Nowhere in Dayton was it written that the decisions of the High Representative would be published in the RS Official Gazette, nor was it foreseen that he would make decisions that would publish them”.

US Embassy to BiH also commented on the situation. They noted that the Republika Srpska cannot unilaterally nullify this obligation nor legally ignore BiH Constitutional Court decisions. The Embassy commented situation on its Twitter account „No amount of political rhetoric, or misinformation can alter the fundamental fact that Article III (3) of the Dayton Constitution clearly states that the Republika Srpska must fully comply with the decisions of the institutions of Bosnia and Herzegovina, which includes final and binding rulings of the BiH Constitutional Court,”

The United States firmly expresses its support for the territorial integrity, sovereignty, and multiethnic character of Bosnia and Herzegovina (BiH). Additionally, it pledges to hold individuals accountable for their actions if they engage in behaviour that goes against the principles of the Dayton Agreement.

The law not only violates the Dayton Agreement but also runs counter to the expectations that accompanied the granting of European Union candidate status to BiH. It contradicts the aspirations and interests of all BiH’s citizens who would like to join the European Union.

Defiance of the Constitutional Court threatens not just the rule of law but also the stability, security, and prosperity of Bosnia and Herzegovina.

Sources:

• European Western Balkans, „Republika Srpska has adopted a law that bans the implementation of decisions made by the Constitutional Court of BiH“https://europeanwesternbalkans.com/2023/06/28/republika-srpska-has-adopted-a-law-that-bans-the-implementation-of-decisions-made-by-the-constitutional-court-of-bih/
• US Department of State, „Condemning Republika Srpska Actions that Undermine the Dayton Peace Agreement“ https://www.state.gov/condemning-republika-srpska-actions-that-undermine-the-dayton-peace-agreement/
• ABC News, „Bosnia’s top international official to annul Bosnian Serb law that blocked court rulings“ https://abcnews.go.com/International/wireStory/bosnias-top-international-official-annul-bosnian-serb-law-100572180
• Le ministèrede l’Europe et des Affaires étrangères, „Bosnia-Herzegovina – Condemnation of a law aimed at making decisions by the Constitutional Court of Bosnia and Herzegovina inapplicable in the Republika Srpska (June 29 2023)“ https://www.diplomatie.gouv.fr/en/country-files/bosnia-herzegovina/news/article/bosnia-herzegovina-condemnation-of-a-law-aimed-at-making-decisions-by-the

Kosovo

Kosovo was sanctioned by the European Union

On June 28, the European Union announced its measures against Kosovo. The sanctions come amidst the mounting tensions in northern Kosovo following the local elections, which the Serb population boycotted. The EU has tried to get an agreement between the Serbian president, Aleksandar Vučić, and the prime minister of Kosovo, Albin Kurti. The EU’s foreign policy chief Joseph Borrell summoned both politicians to roundtable talks in mid-June; however, those ended without tangible results. The only critical point that both sides agreed upon was the need to organise new elections in the four mixed municipalities inhabited mostly by Kosovo Serbs.

The punitive measures include a temporary hold on all institutions working on Kosovo’s accession process to the EU-27 through the Stabilization and Association Agreement that entered into force in 2016. This sanction also comes with the immediate stop on programming funds for Kosovo from IPA 2024 (Instrument for Pre-Accession Assistance). The country’s politicians will be excluded from high-level meetings and bilateral visits, except for those aimed at solving the crisis in northern Kosovo through the official EU channels.

Upon the public announcement of sanctions, the European Commission repeated that they are only temporary and will be reversed once Kurti’s government fulfils its conditions. Those include stopping all police activities in northern Kosovo, removing the elected mayors from their municipal buildings’ offices to different sites, holding new elections in the four affected municipalities, and involving Serbs living there. Kurti reiterated that despite the situation, Kosovo will not become resentful towards the EU.

Former Slovak Minister of Foreign Affairs, Miroslav Lajčák, was criticised in the European Parliament concerning the problems in the Belgrade-Pristina dialogue. During the meeting of the European Parliament’s Foreign Affairs Committee on Wednesday, June 28, two members of the European parliament, German Michael Gahler and Austrian Thomas Waltz, said that Lajčák’s position on the tensions has “reduced the credibility of the dialogue.” They claimed that Lajčák should have taken a more reproachful position toward Serbia as well. Furthermore, they asked him what successes he saw in his work as the EU’s envoy for the Belgrade-Pristina dialogue. So far, the 2013 Brussels Agreement and the 2023 Ohrid Agreement have been agreed, however, according to the MEPs, who questioned Lajčák, these are only verbal agreements.

Sources:

• Alice Taylor, EURACTIV, “EU’s Lajcak criticised during European Parliament hearing on Kosovo”, https://www.euractiv.com/section/politics/news/eus-lajcak-criticised-during-european-parliament-hearing-on-kosovo/?fbclid=IwAR2kxmBSZvN_-xD9nfCqOr3eTUO0FYKbdSltSLSwG0NnL-ESn_61K_2G5x0
• Al Jazeera, “No breakthrough at EU talks to ease Serbia, Kosovo tensions”, https://www.aljazeera.com/news/2023/6/22/eus-borrell-holds-talks-with-kosovo-serbia-leaders-amid-tension?fbclid=IwAR147V-y4R-GEC8jffNeKmX7d2_Qc8iL_y4X6cmqRCe-uyg-i-lf1BZ6xQg
• Euronews Albania, “EU: We communicated punitive measures to Kosovo as early as June 28”,https://euronews.al/en/eu-we-communicated-punitive-measures-to-kosovo-as-early-as-28-june/

North Macedonia

North Macedonia’s EU integration

The EU high foreign and security policy representative, Josep Borell, told the Bulgarian national radio that no obstacles exist to North Macedonia’s entry into the European Union. When asked by the Bulgarian National Radio what will be the next steps if, by November, North Macedonia does not recognise in its constitution the existence of an ethnic Bulgarian minority and does not include the Bulgarians in its basic law as a state-creating nation as provided for in the so-called French proposal to start negotiations for accession to the European Union, Borrell responded:  “North Macedonia is progressing well, and from a European side, there is nothing that would block its accession to the EU. The European principles and standards will be strictly respected in this approach. Good cooperation is definitely necessary for this. Regional cooperation remains an essential element and stabilisation to implement the accession process. But the bilateral issues will not be binding and will not determine the accession process.“

This statement points to the not-very-good bilateral relations between Bulgaria and North Macedonia and gives North Macedonia hope to start accession negotiations despite the blocking by Bulgaria at the EU level and indicates a possible common approach of EU countries on this issue. Regarding the constitutional changes in North Macedonia, Defense Minister Slavjanka Petrovská said that to conduct any talks, both parties, SDSM and VMRO-DPMNE, must have clearly defined positions. The position of SDSM, Petrovská emphasises, has been clear and unchanging from the beginning, which cannot be said about VMRO-DPMNE.

“SDSM’s position has been clear and unchanged since the first day. We are ready for constitutional amendments, which mean a continuation of the EU path, but unfortunately, we can’t say the same about VMRO-DPMNE. First, they need to state if their proposals are their final answer because they started off by saying they don’t accept the constitutional amendments, only then to say they do. As a citizen, my question and dilemma is, what is contentious about these constitutional amendments, considering it is Bulgaria itself that asks that the Bulgarians are included as a minority within the Constitution of North Macedonia, thereby dismissing the thesis that we are a single people living in two countries. If the inclusion of the Bulgarians is unacceptable for VMRO-DPMNE, then I worry whether they agree with this thesis about a single people in two countries,” said Petrovska.

We can consider positive that Prime Minister Dimitar Kovachevski spoke on the phone with the new Bulgarian Prime Minister on Friday, Nikolay Denkov, and congratulated him on his mandate.

Kovachevski and Denkov agreed that a constructive approach and further cooperation are needed, of which both prime ministers are convinced. A constructive approach is expected by the citizens of North Macedonia and Bulgaria, as well as the region, the European Union, and international partners.“ Only this way can both sides allow a shift in bilateral relations and a closer integration of North Macedonia into the EU.

Sources:

• Медиумска информативна агенција, „Kovachevski holds phone call with Bulgaria’s new PM Denkov“, https://mia.mk/en/story/kovachevski-holds-phone-call-with-bulgarias-new-pm-denkov
• SITEl, Петровска: Во уставните измени нема ништо спорно, да се собере политичка храборст за нивно донесување, Петровска: Во уставните измени нема ништо спорно, да се собере политичка храборст за нивно донесување | Сител Телевизија (sitel.com.mk)
• NOVINITE, Sofia news agency, Borrell: On the EU Side there are No Obstacles to the Accession of North Macedonia, https://www.novinite.com/articles/220642/Borrell%3A+On+the+EU+Side+there+are+No+Obstacles+to+the+Accession+of+North+Macedonia