Amendment 1
In the Statute of the Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 17/08), in Article 22, a new item (j) shall be added to read as follows:
“(j) initiate dispute before the Constitutional Court of Bosnia and Herzegovina in accordance with Article VI. 4 of the Constitution of Bosnia and Herzegovina.”
The current item (j) becomes item (k).
Amendment 2
After Article 33a, a new Article 33b shall be added to read as follows:
Article 33b
(Referral of a dispute to the Constitutional Court of Bosnia and Herzegovina)
The Assembly shall make a decision concerning referral of a dispute before the Constitutional Court of Bosnia and Herzegovina pursuant to Article VI. 4, Paragraph 3 of the Constitution of Bosnia and Herzegovina.”
Amendment 3
Article 40 shall be amended to read as follows:
Article 40
Conformity of legal acts
(1) The District Courts shall have jurisdiction to decide whether any District law, bylaw, or any other legal act of any institution of the District is in conformity with the Statute.
(2) The District Courts shall have jurisdiction to decide whether any District bylaw or any other legal act of any institution of the District is in conformity with any District law.
(3) The District Courts shall have jurisdiction to decide on conflict of competencies between District Courts and other District institutions or between District institutions as per this Statute.
(4) District legislation shall prescribe the procedures before the District Courts regarding complaints of the kinds set out in paragraphs (1), (2) and (3) above of this Article 40.”
Amendment 4
In the Article 68, a new Paragraph (4) shall be added to read as follows:
“(4) Notwithstanding Paragraph (1) of this Article, the Public Attorney shall undertake any actions as stipulated in Paragraph (3) when the Mayor, the Speaker or one of their deputies determines that an issue arises which relates to the status and powers of the District. In particular, in proceedings conducted before the Courts, the Public Attorney shall request from any Court, when an issue arises which is subject to the jurisdiction of the Constitutional Court of Bosnia and Herzegovina under Article VI.3.c of the Constitution of Bosnia and Herzegovina and which relates to the status and powers of the Brcko District, to initiate the proceedings before the Constitutional Court of Bosnia and Herzegovina in accordance with Article VI.3.c of the Constitution of Bosnia and Herzegovina and respective regulations governing the work of the Constitutional Court.”
The current Paragraphs (4) and (5) shall become Paragraphs (5) and (6).
Annex II to the Supervisory Order Amending the Statute of Brcko District and Enacting the Law on Amendments to the Law on Courts of Brcko District,
dated December 21, 2009
Law on Amendments to the Law on Courts of Brcko District of Bosnia and Herzegovina
Law on Amendments to the Law on Courts of Brcko District of Bosnia and Herzegovina
Article 1
In the Law on Courts of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, Nos. 19/07 and 20/07), Article 6 shall be amended to read as follows:
Article 6
(Conformity of legal acts)
(1) The District Courts shall have jurisdiction to decide whether any District law, bylaw, or any other legal act of any institution of the District is in conformity with the Statute.
(2) The District Courts shall have jurisdiction to decide whether any District bylaw or any other legal act of any institution of the District is in conformity with any District law.
(3) The District Courts shall have jurisdiction to decide on conflict of competencies between Courts and other District institutions or between District institutions as per the Statute.
(4) The procedure before the District Courts as per Paragraphs (1), (2) and (3) of this Article shall be regulated in a separate Law.”
Article 2
In Article 21, item 3), sixth line, word “constitutionality” and comma (,) shall be deleted.
Article 3
Article 23 shall be amended to read as follows:
Article 23
(Law Constitutionality Assessment)
(1) The District Courts may initiate proceedings before the Constitutional Court of Bosnia and Herzegovina in accordance with Article VI.3.c of the Constitution of Bosnia and Herzegovina and respective regulations governing the work of the Constitutional Court of Bosnia and Herzegovina.
(2) In proceedings conducted before the District Courts, when an issue arises which is subject to the jurisdiction of the Constitutional Court of Bosnia and Herzegovina under Article VI.3.c of the Constitution of Bosnia and Herzegovina and which relates to the status and powers of the Brcko District, the Court shall initiate the referral proceedings described in Paragraph 1 of this Article.
(3) In proceedings conducted before the District Courts to which the District is a party, when an issue arises which is subject to the jurisdiction of the Constitutional Court of Bosnia and Herzegovina under Article VI.3.c of the Constitution of Bosnia and Herzegovina and which relates to the status and powers of the Brcko District, the Court shall immediately initiate the referral proceedings described in Paragraph 1 of this Article upon the request of the District.
(4) If a proceeding is initiated as per Paragraph (2) or (3) of this Article, the District Courts shall request the Constitutional Court of Bosnia and Herzegovina to take interim measures for suspending the application of the disputable law until the Constitutional Court of Bosnia and Herzegovina makes its final decision, if warranted to protect the status and powers of Brcko District.
(5) Nothing in this Article infringes upon the rights of parties to appeal judgments of Brcko District Courts to the Constitutional Court of Bosnia and Herzegovina, in accordance with this Law and with Article VI.3.b of the Constitution of Bosnia and Herzegovina and respective regulations governing the work of the Constitutional Court of Bosnia and Herzegovina.”
Article 4
This Law shall take effect eight (8) days after being published in the “Official Gazette of Brcko District of BiH”.
