Constitutional Court of RS: Declaration on closing OHR does not harm Bosniak vital national interest

The Constitutional Court of Republika Srpska has ruled that the declaration advocating for the closure of the Office of the High Representative (OHR) in Bosnia and Herzegovina does not infringe upon the vital national interests of the Bosniak people. The declaration was adopted by the National Assembly of Republika Srpska on May 26.

In its decision, the Court stated that the declaration's content and form, as well as the issues it addresses, do not contain general legal norms or establish legally binding relationships in a general manner. The Court concluded that the declaration expresses the political stance of the National Assembly regarding matters of political nature, which are connected to the rights and duties of Republika Srpska and other general issues of public interest.

Because the declaration was deemed to be a political statement rather than a general legal act, the Court determined it falls outside its jurisdiction to assess its compliance with constitutional provisions protecting the vital national interests of the constituent peoples in Republika Srpska.

The review was initiated following a request submitted by the Bosniak Club in the Council of Peoples of Republika Srpska. The club had argued that the adopted declaration violated the vital national interest of the Bosniak people within Republika Srpska.