Balkans | The Constitutional Court of Bosnia and Herzegovina overturns the controversial ‘immovable property law’

The Constitutional Court of Bosnia and Herzegovina has announced that it has once again struck down a controversial law covering the acquisition of immovable public property in Republika Srpska, one of the country’s two entities.

The High Representative of Bosnia and Herzegovina, Christian Schmidt, announced the decision of the Constitutional Court on the law that was suspended by the Bosnian member of the Presidency Council of Bosnia and Herzegovina Denis Besirovic and the Croatian member of the Council Željko Komcic.

In the statement made by the court, it was mentioned that the “Law on Immovable Property” in Republika Srpska was temporarily abolished, and the decision was not taken unanimously and one of the judges objected.

Previously, the Constitutional Court had ruled that the authority to manage public property belonged to the entity, and the right of ownership belonged to the state of Bosnia and Herzegovina.

The Minister of Security of Bosnia and Herzegovina of Serb origin, Nenad Nesic, claimed that the decision was taken under the shadow of the High Representative and Bosnian politicians.

Republika Srpska National Assembly Speaker Nenad Stefanović also argued that High Representative Schmidt had humiliated himself with the decision of the Constitutional Court.

Meanwhile, Schmidt suspended the law a day before it was to take effect, while Republika Srpska President Milorad Dodik claimed that the law would remain in force.

The problem of immovable property in Bosnia and Herzegovina

Arguing that the immovable property belongs to the entities according to the Dayton Peace Treaty, which ended the war in Bosnia and Herzegovina in 1992-1995, Republika Srpska claims that it also has property management under the said law.

While the Immovable Real Estate Law, which was voted in December 2022 in the NSRS and is unconstitutional, is expected to enter into force on February 28, the public institutions used by Republika Srpska under the law are allegedly a “part” of them.

While the issue of immovable property has been a topic that has been discussed since the war in Bosnia and Herzegovina, it has been debated whether immovable property in the country belongs to the state or the entities that use it.

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