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Sunday, Mar 23, 2025

Constitutional Court of Bosnia and Herzegovina Prohibits Use of Serbian Symbols in RS Institutions

Constitutional Court of Bosnia and Herzegovina Prohibits Use of Serbian Symbols in RS Institutions

The court's interim measure suspends a newly enacted law allowing the display of Serbian flags, coats of arms, and anthems in the Republic of Srpska.
The Constitutional Court of Bosnia and Herzegovina has rendered a decision adopting a request by Denis Bećirović, a member of the BiH Presidency, to temporarily nullify the newly enacted law regarding the use of flags, coats of arms, and anthems in the Republic of Srpska (RS).

This law was set to take effect on February 1, 2025.

The interim measure, which is effective immediately, puts on hold the provisions of the Law on Amendments to the Law on the Use of the Flag, Coat of Arms, and Anthem of RS. According to the court's ruling, the law permits the simultaneous display of the RS coat of arms and flag alongside the symbols and anthems of foreign states at public institutions within the RS. This could lead to foreign state symbols being prominently displayed in conjunction with RS symbols across all public facilities.

The Constitutional Court emphasized that regulations governing the use of symbols are crucial as they reflect a state's sovereignty, identity, and constitutional order, which also holds significance in international relations.

The court noted that the law's provisions could potentially be interpreted as undermining the sovereignty and territorial integrity of Bosnia and Herzegovina (BiH).

The court highlighted that allowing the display of foreign state symbols might create an appearance of diminished state sovereignty in a part of BiH's territory, raising concerns about long-term implications for the country's constitutional framework.

Citing the preamble of the BiH Constitution, which affirms the commitment to sovereignty, territorial integrity, and political independence, the court indicated that there are valid concerns regarding the possibility that the disputed law could disrupt the constitutional order and political stability of Bosnia and Herzegovina.

The court did not pre-judge the merits of the case but acknowledged the potential for irreparable harm, necessitating this temporary measure.

The court's ruling comes just before a scheduled two-day visit by Serbian President Aleksandar Vučić to the RS on February 13-14, 2025. During his visit, President Vučić is expected to meet with RS President Milorad Dodik and participate in a ceremony marking the Sretenje holiday, which involves awards for various individuals and organizations.

Denis Bećirović previously submitted a request for a constitutional review of the controversial law, asserting that it represents an unconstitutional and anti-Dayton act that seriously undermines Bosnia and Herzegovina's sovereignty and territorial integrity.

He further highlighted that the law is based on measures instituted through the so-called 'All-Serbian Assembly,' which he argued erodes the foundation of the General Framework Agreement for Peace in Bosnia and Herzegovina.

The Constitutional Court had previously deemed a similar law unconstitutional back in 2006. Bećirović warned that any attempts to reintroduce such legislation pose a significant challenge to the rule of law in the country.
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