Bosnian Constitutional Court Upholds High Representative's Criminal Code Changes

The Constitutional Court of Bosnia and Herzegovina rejected an appeal by 32 members of the National Assembly of Republika Srpska. They challenged changes to the BiH Criminal Code. Former High Representative Christian Schmidt imposed these changes. The amendments make it a crime to disregard the High Representative's decisions. Milorad Dodik, president of the SNSD party, was convicted under this new law.

The appeal focused on Article 203a of the BiH Criminal Code. This article criminalizes officials who do not apply, implement, or respect the High Representative's decisions. It also applies to those who obstruct such decisions. The High Representative introduced this law on July 1, 2023.

The Constitutional Court found Article 203a and the amendment law constitutional. They align with the BiH Constitution and the European Convention for Human Rights. The court stated the rules are clear and predictable. The law aims to uphold the rule of law and ensure Bosnia and Herzegovina's legal system functions. Had the court overturned these changes, penalties against Milorad Dodik would have been lifted. This would have cleared his path to run in upcoming BiH elections.