CONSTITUTION

OF REPUBLIKA SRPSKA

 

 

PREAMBLE

(as amended by Amendment LXVI)

 

  

              “Observing the will of its constituent peoples and citizens to establish and preserve Republika Srpska and base its constitutional organisation upon observance of dignity, freedom and equality of human individuals, upon equality of national communities, democratic institutions, supremacy of law, social justice, pluralistic society, guarantee and protection of human rights and freedoms and rights of national minorities in accordance with international standards, upon prohibition of discrimination and observance of rules of free market economy;

              Seeking to ensure peace, tolerance and general welfare;

              Intending to contribute towards friendly relations among nations and states;

              Proceeding from the determination of Republika Srpska to comply with and consistently enforce The General Framework Agreement for Peace in Bosnia and Herzegovina, which unequivocally adopts, confirms and guarantees the constitutional status of Republika Srpska as one of the two entities within Bosnia and Herzegovina;

              The National Assembly of Republika Srpska hereby adopts”

 

 

THE CONSTITUTION OF REPUBLIKA SRPSKA[1]

  

 

I.   GENERAL PROVISIONS

 

 

Article 1

 

              Article 1, which was earlier replaced by Amendment XLIV, is hereby replaced by Amendment LXVI and reads as follows:

 

              “Republika Srpska is a territorially unified, indivisible and inalienable constitutional and legal entity.

              Republika Srpska shall independently perform its constitutional, legislative, executive and judicial functions.

              Republika Srpska is one of the two equitable entities in Bosnia and Herzegovina.

              Citizens - Serbs, Bosniacs and Croats as constituent peoples, along with Others, shall participate in exercising functions and powers in Republika Srpska equally and without discrimination.”

 

Article 2

 

              Paragraph 1 of Article 2 has been replaced by Amendment XLV, reading as follows:

              “The territory of the Republic is unified, indivisible and inalienable.”

 

 Paragraph 2 of Article 2 has been replaced by Amendments LV, LXVIII, reading as follows:

              “A proposal to change the demarcation of inter-entity boundary line between Republika Srpska and the Federation of Bosnia and Herzegovina may be decided by a referendum in the Republic.”

              In Paragraph 2 of Article 2, Item 1 of Amendment LV, word “border” has been replaced with “inter-entity boundary line“ (Amendment LXVIII).

 

 

 

 

 

Article 3

 

 Article 3 has been replaced by Item 1 of Amendment LVI, reading as follows:

              “All state functions and powers shall belong to the Republic, with the exception of those which, according to the Constitution of Bosnia and Herzegovina, have been placed within the exclusive competence of the institutions of Bosnia and Herzegovina.”

 

 

Article 4

 

 Article 4 has been replaced by Item 2 of Amendment LV, reading as follows:

             “The Republic may, according to the Constitution of Bosnia and Herzegovina, establish special parallel relations with the Federal Republic of Yugoslavia and its constituent republics.”

 

Article 5

 

              The constitutional organisation of the Republic shall be based upon:

       

              -    guarantee and protection of human freedoms and rights in accordance with

international standards;

              -    guarantee of national equality and protection of vital interests of the

constituent peoples;

              -    social justice;

              -    supremacy of law;

              -    free market economy;

              -    multi-party political system;

              -    parliamentary democracy and division of power;

              -    free elections;

              -    local self-government;

              -    protection of the rights of ethnic groups and other minorities.

 

              In Line 2 of Paragraph 1, Article 5, the words “and protection of vital interests of the constituent peoples” have been added after “guarantee of national equality” (Amendment LXIX).

 

Article 6

 

              Paragraph 1 of Article 6 has been replaced by Amendment XLVII, reading as follows:

              “Citizens of the Republic shall have citizenship of Republika Srpska.”

 

              Paragraph 2 of Article 6 has been replaced by Amendment LXX, reading as follows:

              “A citizen of Republika Srpska may not be deprived of citizenship.”

 

Article 7

 

              Paragraph 1 of Article 7 has been replaced by Amendment LXXI, reading as follows:

              “The official languages in Republika Srpska are: the language of the Serb people, the language of the Bosniac people and the language of the Croat people. The official scripts are the Cyrillic script and the Latinic script.”

              In regions populated by other national communities, their languages and scripts shall also be in official use, as determined by law.

 

Article 8

 

Republika Srpska has a flag, a coat-of-arms and a national anthem.

The flag, the coat-of-arms and the wording of the national anthem shall be determined by a constitutional law.

 

Article 9

 

The capital of Republika Srpska is Sarajevo.

 

 

 

 

II. HUMAN RIGHTS AND FREEDOMS

 

Article 10

 

Citizens of Republika Srpska shall be guaranteed equal freedoms, rights and duties; they shall be equal before the law and they shall enjoy equal legal protection before the state and other authorities irrespective of their race, sex, language, national or social origin, religion, education, material standing, political or other conviction, social status or any other personal circumstance.

 

Article 11

 

Human life shall be inviolable.

Death penalty may be pronounced exclusively for capital crimes.

 

Article 12

 

Personal freedom and safety are inviolable.

No one may be deprived of his liberty or restricted in it, except in such cases and pursuant to such procedures as are provided by law.

 

Article 13

 

Human dignity, physical and spiritual integrity, personal privacy, personal and family life shall be inviolable.

 

Article 14

 

No one may be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

Any form of coercion in obtaining confessions and statements shall be prohibited and punishable.

It shall be prohibited to conduct medical and other scientific experiments upon any person without his or her consent.

 

Article 15

 

Unlawful deprivation of liberty shall be punishable.

Deprivation of liberty may only last as long as there are legal conditions for it.

A person reasonably suspected of having committed a criminal offence may be arrested and detained only when it is absolutely necessary for the course of criminal proceedings or for reasons of public safety.

Detention shall be based on a court order, and only under certain conditions stipulated by law may be based on an order by another organ authorised by law, in which case the detention may last up to three days only.

Upon detention, the person detained must be handed a written court order with a statement of reasons.  The person detained has the right to appeal against the detention order.

 

Article 16

 

Everyone shall be entitled to equal protection of rights in any proceedings before a court and before other state authorities and organisations.

Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions by which his rights or legal interests are determined.

 

 

Article 17

 

Everyone has the right to compensation for damage caused through unlawful or irregular actions by an official or a state body performing under state authority or as a bearer of public authority.

Any person unjustly convicted or unlawfully deprived of liberty shall have the right to rehabilitation, compensation for damage, public apology and other rights determined by law.

 

Article 18

 

Any person charged with a criminal offence shall be guaranteed a fair court trial.

A person charged with a criminal offence must be informed of the reasons for the charges brought against him without undue delay, within a time limit determined by law.

Court hearings shall not be conducted in the absence of the accused person.

If the person accused is inaccessible to the court, the court hearing may be conducted in his absence only in exceptional cases determined by law.

 

Article 19

 

The right to legal defence shall be guaranteed.

The right to choose a legal defence representative and to freely communicate with him shall be guaranteed.

The legal defence representative may not be held responsible for actions undertaken in the defence proceedings.

 

Article 20

 

No one may be punished for an act which had not been declared a criminal offence under law, or for which a penalty had not been prescribed, at the time the act was committed.

No one shall be presumed guilty for a criminal offence until found guilty in a final court judgment.

 

Article 21

 

Citizens shall have the right to freedom of movement, to dwell and to reside on the territory of Republika Srpska, to leave this territory and to return to it at any time.

The freedom of movement may be limited by law, but only where this is necessary to ensure the course of criminal proceedings, or to protect public safety and health.

No restrictions to this right may be introduced for political reasons.

 

Article 22

 

In Article 22 the words: “and of Yugoslavia” (Item 4 of Amendment LVII) have been deleted:

Freedom and privacy of correspondence and other forms of communication shall be inviolable.

Only a law may prescribe that, on the basis of a court order, the inviolability of the freedom and privacy of correspondence and other forms of communication be suspended where it is necessary for the course of criminal proceedings or for reasons of national security.

 

Article 23

 

The protection of privacy of personal data shall be guaranteed. The collection, processing and designated use of personal data shall be regulated by law.

The use of personal data contrary to the designated purpose for which it was collected shall be prohibited.

Citizens have the right to request and gain access to all the data related to them contained in state and public authority files.

 

Article 24

 

Dwellings are inviolable.

A law may prescribe that, on the basis of a court order, an official may enter the dwellings or other premises of another person against their will and conduct a search. Such a search may only be conducted in the presence of two witnesses.

Subject to conditions provided by law, an official may enter the dwelling or other premises of another person without a court order and conduct a search, where this is absolutely necessary for the apprehension of a criminal offender or to save people and property.

 

Article 25

 

Freedom of thought and affiliation, conscience and conviction, as well as of public expression of opinion shall be guaranteed.

           

Article 26

 

Freedom of the press and other means of public communication shall be guaranteed.

In Paragraph 2, Article 26, the word “independent” has been replaced by the word “news” (Amendment XLIII, Item 1).

Anyone is free to establish news organisations and publishing houses, to publish newspapers or to disseminate information via other media, in accordance with the law.

Censorship of the press and other media of public information shall be prohibited.

It is the duty of the public information media to inform the public timeously, truthfully and without bias.

The right to correct untruthfully published information which has damaged a right or an interest of an individual or body shall be guaranteed, as shall be the right to compensation for damages arising thereby.

 

Article 27

 

Freedom of scientific, cultural and artistic endevour shall be guaranteed.

The protection of copyright, intellectual and material property rights deriving from scientific, cultural, artistic and other intellectual activities shall be guaranteed.

 

Article 28

 

Freedom of religion shall be guaranteed.

Religious communities shall be equal before the law and free to manage their religious affairs and practice religious services. They may open religious schools and conduct religious education in all schools at all levels of education; they may engage in commercial activities, receive gifts, establish and manage legacies, in accordance with the law.

The Serbian Orthodox Church shall be the church of the Serb people and other people of Orthodox religion.

            Paragraph 4 of Article 28 has been deleted by Amendment LXXII.

 

Article 29

 

A citizen who has reached the age of eighteen years shall have the right to vote and to be elected.

The right to vote shall be universal and equal; elections shall be direct and by a secret ballot.

Article 29 has been amended by Item 5 of Amendment LVII, reading as follows:

“A person shall acquire the right to vote as provided in Article 29 based on a proof of residence in a certain place for a period of time prescribed by law.”

 

Article 30

 

Every citizen shall have the right to peaceful assembly and public protest.

The freedom of assembly may be restricted by law, but only where this is necessary to protect the safety of people or property.

 

Article 31

 

Freedom of political organisation and activities in accordance with the law shall be guaranteed.

Any political organisation or activity threatening the democracy, jeopardising the integrity of the Republic, violating the freedoms and rights guaranteed by the Constitution, and any incitement to national, racial or religious hatred and intolerance shall be prohibited.

 

Article 32

 

Every citizen has the right to publicly express his opinion about the performance of state authorities and other bodies, to submit complaints, petitions and proposals to them and to receive replies thereto.

No one may be held responsible or suffer other adverse consequences because of a publicly expressed opinion regarding the performance of state authorities or because of his statements presented in a complaint, petition or proposal, unless by doing so he has committed a criminal offence.

 

 

Article 33

 

Every citizen has the right to participate in the management of public affairs and to have equal access to public services.

           

Article 34

 

Every citizen shall be guaranteed the freedom to express affiliation with his nation and culture, and the right to use his language and script.

No one shall be forced to declare national affiliation.

Paragraph 3 of Article 34 has been deleted on the basis of Item 6 of Amendment LVII.

 

Article 35

 

Everyone shall have the right to a healthy environment. Everyone has the duty to protect and improve the environment, in accordance with the law and within his abilities.

           

Article 36

 

            The family, mother and child shall enjoy special protection.

            Marriage and the relations within marriage and the family shall be regulated by law.

            Everyone shall be free to decide whether to have children.

            Parents shall have the right and duty to raise and educate their children.

            Children shall have the duty to care for their parents in need of help.

            Children born out of wedlock shall have the same rights and duties as those born in wedlock.

            Minors who are not cared for by their parents, as well as persons unable to look after themselves and protect their rights and interests shall enjoy special protection.

 

Article 37

 

Everyone has the right to health care.

The right to health care shall be guaranteed under conditions provided by law.

Children, pregnant women and elderly persons shall have the right to health care financed from public funds, while other persons shall enjoy this right only under conditions provided by law.

           

           

Article 38

 

Everyone has the right to education under equal conditions.

Primary education is compulsory and shall be free of charge.

Everyone shall have access under equal conditions to secondary and tertiary education.

In Paragraph 4 of Article 38 the words “teaching institutions” have been deleted (Item 2 of Amendment XLIII).

Citizens may open private schools in accordance with the law.

 

Article 39

 

            Everyone shall have the right to work and to freedom of work.

            Forced labour shall be prohibited.

            Everyone shall be free to choose his occupation and employment and shall have access under equal conditions to any position of employment.

            Employment may be terminated against the will of the employee under conditions determined by law and according to the employment contract.

Every employee shall have the right to remuneration in accordance with the law and the employment contract.

 

Article 40

 

Every employee shall be entitled to limited working hours, daily and weekly breaks, a paid annul leave, and other leaves, in accordance with the law and the employment contract.

Every employee shall have the right to safety at work, in accordance with the law.

Young persons, women, and disabled persons shall enjoy special protection in the workplace.

 

Article 41

 

The freedom to establish, operate and join trade unions shall be guaranteed.

           

Article 42

 

Employees shall have the right to strike under conditions determined by law.

 

Article 43

 

The right of employees and their family members to social security and social insurance shall be regulated by law and employment contract.

The right to unemployment benefit during temporary unemployment shall be guaranteed, under conditions determined by law.

Partially disabled citizens shall be given work-training for a suitable job and conditions for their employment shall be provided in accordance with the law.

The Republic shall provide assistance and social security to the disabled citizens who are unable to work and have no funds to support themselves.

           

Article 44

 

Aliens shall have the human rights and freedoms determined by the Constitution as well as other rights determined by law and international agreements.

             Paragraph 2 of Article 44 has been deleted by Amendment LXXIII.

 

 

Article 45

 

Everyone has a duty to abide by the Constitution and law.

Everyone has a duty to perform conscientiously and responsibly any public function assigned to him.

 

Article 46

 

Everyone has a duty to assist others who are in need and to participate in averting public danger.

           

Article 47

 

Article 47 has been deleted on the basis of Item 7 of Amendment LVII.

 

Article 48

 

The rights and freedoms guaranteed by this Constitution may not be denied or restricted.

Paragraph 2 of Article 48 has been deleted on the basis of Item 8 of Amendment LVII.

Judicial protection of the rights and freedoms guaranteed by this Constitution shall be ensured.

 Any one who violates any human right or fundamental freedom guaranteed by this Constitution shall be held personally responsible for the violation and may not be excused on the basis of having acted upon someone else’s order. 

 

 

Article 49

 

Freedoms and rights shall be exercised and duties performed directly pursuant to the Constitution, unless the Constitution specifies that the conditions for certain freedoms and rights be determined by a law.

The manner in which particular rights and freedoms are exercised may be determined by law only when it is absolutely necessary for their exercise.

Paragraph 3 of Article 49 has been deleted on the basis of Item 3 of Amendment XXXV.

The Chapter on Human Rights and Fundamental Freedoms has been supplemented by Items 1 through 3 of Amendment LVII, reading as follows:

“In case of differences between the provisions relating to human rights and freedoms in the Constitution of Republika Srpska and those in the Constitution of Bosnia and Herzegovina, the provisions which are more favourable for the individual shall apply.

The provisions of Articles 10, 21, 30, 32, 33, 34, 38 and 43 of the Constitution relating to the rights and freedoms of citizens shall be considered as provisions of human rights and fundamental freedoms and shall therefore apply to all people and not only to citizens.

The provisions of Articles 13, 22, 23, 24, 25, 26, 28 and 30 of the Constitution relating to rights and freedoms shall be exercised in conformity with the corresponding provisions of Articles 8 through 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

             

 

 

 

III. ECONOMIC AND SOCIAL RELATIONS

 

Article 50

 

Economic and social relations shall be based on equality of all forms of ownership and on free enterprise, on independence of organisations and businesses to make revenues and realise profits, and on free movement of goods, labour and capital within the Republic as a single economic territory.

 

Article 51

 

Through measures of economic and social policy the Republic shall stimulate economic development and ensure growth of social welfare for its citizens.

 

Article 52

 

Free enterprise may be restricted by law only where it is necessary to protect the interests of the Republic, the environment, or public health and safety.

Monopolies shall be prohibited.

 

Article 53

 

The Republic shall ensure consumer protection.

 

Article 54

 

All forms of ownership shall enjoy equal legal protection.

 

Article 55

 

The right to inheritance shall be guaranteed in accordance with the law.

 

Article 56

 

Ownership rights may be limited or revoked by law, subject to fair compensation.

Article 56 has been supplemented by Item 1 of Amendment XXXI, reading as follows:

“During a state of war, immediate threat of war or emergency, the law may limit the disposal of assets owned by legal or natural entities or specify ways in which parts of such assets are to be used.”

 

Article 57

 

            Article 57 has been replaced by Amendment XLVIII, reading as follows:

            “Foreign persons may acquire ownership rights and rights based on the investment of capital in accordance with the law.

            Ownership rights and other rights of a foreign investor acquired through an investment of capital may not be lessened or denied by law nor by any other legal act.

            A foreign person shall be guaranteed the right to conduct commercial or other business activities, and shall be guaranteed all rights arising from such business, under conditions which cannot be changed to his detriment.

            Foreign investors shall be guaranteed the freedom to take the profit and the invested capital out of the Republic.

            The law may restrict activities and areas in which foreign persons may establish private enterprises, due to reasons of general public interest. ”

 

Article 58

 

Ownership rights and obligations relating to publicly-owned assets, as well as the conditions of transferring these assets into other forms of ownership shall be regulated by law.

Paragraph 2 of Article 58 has been replaced by Item 2 of Amendment XXXI, reading as follows:

“Publicly-owned or sate-owned assets may be alienated only according to the market criteria. ”

 

Article 59

 

             Paragraphs 1, 2 and 3 of Article 59 have been deleted by Amendment LXXIV.

The use of assets of special cultural, scientific, artistic or historical interest, or resources significant for natural or environmental protection, may be limited, with the provision of full compensation to the owner.

The protection, exploitation, improvement and management of national assets and natural resources, as well as the compensation for the usage of national assets and urban construction sites shall be regulated by law.

 

 

Article 60

 

Natural and legal entities shall exercise their ownership rights to real estate according to the nature and purpose of the estate and in accordance with the law.

The ownership of agricultural land shall be guaranteed, while the conditions for ownership of forests and forest land shall be determined by law.

 

 

Article 61

 

The Republic shall guarantee to all citizens a minimum social security and it shall ensure the functioning of public services, in accordance with the law.

Public services shall be financed from funds and budgets, in accordance with the law.

 

 

Article 62

 

The Republic and the municipality shall adopt a budget setting out public revenues and expenditures.

Budget funds shall be raised from taxes, fees and other levies determined by law.

 

Article 63

 

The duty to pay taxes and other levies shall be universal and shall depend on the taxpayer’s income.

 

Article 64

 

The Republic shall protect and encourage:

-         rational use of natural resources in order to achieve better quality of life, protect

and restore the environment to the general benefit;

-         conservation and enrichment of historical, cultural and artistic heritage;

-         scientific research;

-         cost-savings in general, and in particular with regard to commercial activities and 

private acquisition of state-owned apartments;

-         co-operative societies and general co-operation;

-         crafts;

-         physical educations and sports.

 

Article 65

 

Employees shall have the right to participate in managing the company they work for, in accordance with the law.

The law shall ensure that citizens have influence over the management of state-owned funds and assets.

 

 

IV. RIGHTS AND DUTIES OF THE REPUBLIC

 

Article 66

 

The rights and duties of the Republic shall be exercised through the republican bodies as determined by the Constitution.

             The powers and responsibilities of republican bodies shall be measured by and based upon human rights and freedoms, equality before the law, independence and equal status of enterprises and other organisations, and the constitutional status and rights of local self-government units. 

 

Article 67

 

Within the rights and duties of the Republic provided by the Constitution, the republican bodies shall formulate policies, pass and promulgate laws, other regulations and general legal acts, as well as ensure constitutionality and legality.

Municipal bodies and organisations may be entrusted to exercise certain rights and duties of the Republic and may pass and promulgate laws, other regulations and general legal acts.

The responsibilities related to passing and promulgating laws, other regulations and general legal acts shall be regulated by law.

 

 

Article 68

 

Article 68 has been replaced by Amendment XXXII, reading as follows:

            “The Republic shall regulate and ensure:

                            1.    integrity, constitutional order and territorial unity of the Republic;

In sub-item 1 of Amendment XXXII the words: “sovereignty, independence” have been replaced by the words: “integrity, constitutional order” (Item 1 of Amendment LVIII).

2.      security;

In Item 2 of Amandent XXXII the words “national defence and” have been deleted (Amendment CXV).

Item 3 of Article 68 has been substituted by Amendment CVI, reading as follows:

3.      “measures in its jurisdiction to be implemented in a state of war or emergency declared by institutions of Bosnia and Herzegovina, as well as measures to be implemented in a state of emergency  declared by institutions of Republika Srpska.

              Provisions of item 3 of this Article do not apply to deployment of armed forces or other measures which fall under the jurisdiction of the institutions of Bosnia and Herzegovina.”;

4.      constitutionality and legality;

5.      exercise and protection of human rights and freedoms;

6.      ownership and obligation relations and protection of all forms of ownership, legal status of enterprises and other organisations, their associations and chambers,  those economic relations with foreign countries which have not been transferred to the institutions of Bosnia and Herzegovina, market relations and planning;

In Sub-item 6 of Amendment XXXII after the words: “economic relations with foreign countries” the words: “which have not been transferred to institutions of Bosnia and Herzegovina, market and planning” (Item 2 of Amendment LVIII) have been added.

7.      the banking and the tax system;

In Sub-item 7 of Amendment XXXII, the words: “monetary”, “foreign exchange” and “customs” have been deleted (Item 3 of Amendment LVIII).

8.      objectives and directions for economic, scientific, technological, demographic and social development, for the development of agriculture, rural and urban areas, policies and measures for development planning, and commodity reserves;

9.      legality of handling property and resources owned by legal entities and the legality of collecting statistical and other data of general interest;

10.  organisation, powers and functions of bodies of state authority;

11.  the public services system;

12.  labour relations, safety in the workplace, employment, social security and other forms of social care, health care, war veteran and disability benefits, child and youth welfare, education, culture and preservation of cultural heritage, physical education and sports;

13.  environmental protection;

14.  the public information system;

15.  international relations, other than those transferred to the institutions of Bosnia and Herzegovina.

 

In Sub-item 15 of Amendment XXXII, the words: ”other than those transferred to institutions of Bosnia and Herzegovina” (Item 4 of Amendment LVIII) have been added.

16.  Item 16 of Article 68 has been deleted by Amendment LXXV.

 

17.  financing, to enable the Republic to exercise its rights and perform its duties;

18.  other relations of interest to the Republic, in accordance with the Constitution”.

 

 

V. ORGANISATION OF THE REPUBLIC

 

Article 69

 

The state powers in the Republic shall be based on the principle of division of powers.

The constitutional and legislative powers shall be vested in the National Assembly.

Paragraph 2 of Article 69 has been supplemented by Item 1 of Amendment LXXVI, reading as follows:

             “The legislative power in Republika Srpska shall be vested in the National Assembly and the National Council. Laws and other regulations passed by the National Assembly concerning vital interest of any of the constituent peoples shall be promulgated only after they have been adopted by the National Council.”

Paragraph 3 of Article 69 has been replaced by Amendment XXXIII, reading as follows:

“The President of the Republic represents the Republic and embodies its state unity. ”

The executive power shall be vested in the Government.

The judicial power shall be vested in the courts.

Constitutionality and legality shall be provided by the Constitutional Court.

Article 69 has been supplemented by Item 2 of Amendment VXXVI, reading as follows:

             “Of the below mentioned functions, only two may be performed at the same time by a representative of one constituent people, or by a representative of Others:

1)      Prime Minister,

2)      Chairperson of the National Assembly of Republika Srpska,

3)      Chairperson of the National Council,

4)      President of the Supreme Court,

5)      President of the Constitutional Court,

6)      Public Prosecutor.”

 

 

1. The National Assembly

 

Article 70

 

The National Assembly shall:

1.      decide on amending the Constitution;

2.      pass laws, other regulations and general legal acts;

3.      adopt development plans, urban plans, budgets and annual financial reports;

4.      determine the territorial organisation of the Republic;

5.      announce a republic referendum;

6.      announce a public loan and decide on the state debt;

7.      call for elections of National Assembly deputies and the President of the Republic;

8.      elect, appoint and dismiss officials, in accordance with the Constitution and the law;

9.      supervise the functioning of the Government and its bodies, in accordance with the Constitution and the law;

10.  grant amnesty;

11.  perform other functions in accordance with the Constitution and the law.

             Article 70 has been supplemented by Amendment LIX, reading as follows:

“ National Assembly shall:

1)      elect delegates from the Republic to the House of Peoples of the

Parliamentary Assembly of Bosnia and Herzegovina ;

            2)   ratify agreements concluded between the Republic and other states or international organisations,  upon the consent of the Parliamentary Assembly of Bosnia and Herzegovina ”

Paragraph 3 of Article 70 has been substituted by Amendment CVII, reading  as follows:

“In accordance with the Constitution and the law, the National Assembly shall declare:

Sate of emergency in he Republic or part of the Republic in the event of a threat to public safety caused by a natural catastrophe (flood, earthquake, fire), epidemic, violation of human rights and freedoms, or obstruction of normal functioning of constitutional bodies of the Republic.

Provisions of paragraph 3 of this Article  do not apply to deployment of armed forces or other measures which fall under the jurisdiction of the institutions of Bosnia and Herzegovina.”

            Article 70 has been supplemented by Amendment LXXVII, reading as follows:

            “Issues of vital national interest to the constituent peoples are defined as follows:

-          the right to be adequately represented in legislative, executive and

judicial bodies;

-          identity of a constituent people;

-          constitutional amendments;

-          organisation of bodies bearing public authority;

-          equal rights in decision-making processes;

-           education, religion, language, promotion of culture, tradition and

cultural heritage;

-          territorial organisation;

-          public information system;

-          any other issues,  which shall be considered of vital national interest if  so

decided by a two-thirds majority vote of a constituent people’s caucus in the National Council.”

             Article 70 has been further supplemented by Amendment LXXXII, reading as follows:

            “a) Procedure for laws concerning vital national interests as defined in Amendment LXXVII.

             Any laws, other regulations or legal acts passed by the National Assembly shall be submitted to and considered by the National Council, provided they concern vital interests as defined in Amendment LXXVII.

If more than one leader or deputy-leader of a caucus in the National Council consider a law to concern a vital national interest as defined in amendment LXXVII, the law shall be submitted to the National Council to be discussed as a matter of vital interest.

If only one leader or deputy-leader of a caucus considers a law to be of vital national interest, the matter may be decided by a two-thirds majority vote of the said caucus. In such a case, the procedure “b” described below shall apply.

The leader or deputy-leader must reach his decision within one week.

If the majority of each caucus represented in the National Council votes in favour of such a law, regulation or legal act, it shall be considered as passed. If the National Council votes in favour of amending a law, regulation or legal act, such piece of legislation shall be re-submitted to be passed by the National Assembly.

            If the National Assembly doesn’t reach an agreement regarding a law or amendments to a law, a joint committee shall be established consisting of representatives from the National Council and the National Assembly. This joint committee shall be based on parity and shall make decisions by consensus. The joint committee shall ensure that the text of the law reflects the adopted amendments.

             Once the amendments have been applied to the text of the law, such law shall be considered as passed.

             If no consensus is reached, the law shall not be passed but shall be returned to the proposor for the procedure to be renewed. In such a case, the proposor is not allowed to re-submit the same text of a law, regulation or legal act.

 

             b) Procedure for laws concerning a vital national interest, if so decided by a two-thirds majority vote of a caucus in the National Council.

             If it is decided by two-thirds of a constituent people’s caucus in the National Council that a law, regulation or legal act concerns a vital national interest, such piece of legislation shall be discussed in the National Council.

             If the majority of each caucus votes in favour of a law, it shall be considered as passed.

             If the National Council reaches a consensus regarding amending a law, regulation or legal act, such piece of legislation shall be re-submitted to be passed by the National Assembly.

             If the joint committee described under a) cannot reach a consensus, the matter is referred to the Constitutional Court of Republika Srpska, which must make a final judgment on whether a law concerns vital national interests of a constituent people.

             The Committee for Protection of Vital National Interests within the Constitutional Court of Republika Srpska shall decide within one week by a two-thirds majority vote whether to admit a case for adjudication, and shall decide on those cases that are admitted within one month.

             If the procedure described under b) is initiated by a two-thirds majority of one caucus, for the court to decide that the matter is of vital interest, at least two judges must vote in its favour.

             If the court decides that a matter is of vital interest, the relevant law shall still not be considered as passed and shall be returned to the proposor to renew the procedure. In such a case, the proposor is not allowed to re-submit the same text of a law, regulation or legal act.

             If the court decides that a law does not concern a vital interest, such law shall be considered as passed, or shall be passed by a simple majority vote. ”

 

 

Article 71

 

Paragraph 1 of Article 71 has been replaced by Amendment LII, reading as follows:

“The National Assembly shall have 83 deputies. ”

Paragraph 2 of Article 71 has been replaced by Item 2 of Amendment XXXVI, reading as follows:

“The electoral system and allocation of seats shall be determined by law, ensuring proportional representation of all municipalities in the National Assembly.”

Deputies shall be elected in direct elections and by a secret ballot.

The election of deputies to the National Assembly, the termination of their office, and the formation of electoral units shall be determined by law.

             Article 71 has amended  by Amendment LXXVIII, reading as follows:

             “At least four members of each constituent people shall be represented in the National Assembly.”

             “No deputy of the National Assembly or Municipal Assembly may at the same time be a member of the National Council.

             The composition of the National Council shall be based on the principle of parity, with each constituent people having the same number of representatives.

             The National Council shall have eight representatives from each of the constituent peoples and four representatives from among Others.

             Others shall have the right to equal participation in the majority vote.

             The members of the National Council shall be elected by the respective caucuses in the National Assembly.

Should the membership of one caucus in the National Council be bigger than the respective caucus in the National Assembly, the additional number of delegates shall be elected by a caucus specially established for that purpose, consisting of municipal assembly councilors.”

 

Article 72

 

Assembly deputies shall be elected for a term of four years.

Article 72 has been supplemented by Amendment XXXIX and Amendment LX, reading as follows:

“Based on a proposal by at least 30 deputies, the National Assembly may decide by a two-thirds majority vote of all the deputies to shorten its term.

During a state of war or immediate threat of war, the term of the National Assembly shall be extended for the duration of such a state.

The National Assembly may not shorten its term during a war or immediate threat of war.

Should the National Assembly shorten its term or be dissolved, a new National Assembly shall be elected no later than 60 days after the end of term or dissolution of the previous one.  The elections shall be called by the President of the Republic.

The end of term of the National Assembly automatically ends the term of the Government.

Upon consulting the President of the Government and the President of the National Assembly, the President of the Republic may decide to dismiss the National Assembly .“

             In Paragraph 4, Item 1 of Amendment XXXIX, the words “or be dissolved” have been added after “shorten its term”(Item 2, Amendment LX).

             Article 72 has been further amended by Amendment LXXIX, as follows:

“The National Council members shall be elected for a term of four years.

If the National Assembly’s term is shortened, or the National Assembly is dissolved, the term of the National Council shall also cease.”

 

Article 73