Razlozi zbog kojih Dodiku i RS-u smeta Ustavni sud BiH: Šuma, zemlja, vojna imovina, neustavni 9. januar…
Ustavni sud BiH do sada je donio nekoliko odluka u korist jačanja države Bosne i Hercegovine.
U četvrtak, 23. septembra, Ustavni sud BiH je utvrdio da pojedine odredbe Zakona o šumama Republike Srpske nisu u skladu sa Ustavom BiH, i to u dijelu u kojem se navodi da su šume vlasništvo RS-a.
Sud je zaključio da Republika Srpska kao entitet u okviru BiH nema ustavnu nadležnost za rješavanje pitanja državne imovine dok se to ne riješi odgovarajućim zakonom na nivou BiH. Apelaciju povodom Zakona o šumama RS-a je podnijelo sedam delegata Vijeća naroda RS-a Mihnet Okić, Alija Tabaković, Džemaludin Šabanović, Faruk Đozić, Muris Čirkić, Ahmet Čirkić i Samir Baćevac.
Ustavni sud BiH, početkom februara 2020, donio je odluku po kojoj se sve poljoprivredno zemljište u Republici Srpskoj smatra imovinom Bosne i Hercegovine, a ne entiteta Republika Srpska, kako je to izglasala Narodna skupština Republike Srpske krajem 2019. godine. Sedam delegata Vijeća naroda RS-a je 2019. godine podnijelo zahtjev za ocjenu ustavnosti člana 53. Zakona o poljoprivrednom zemljištu Republike Srpske.
Ustavni sud BiH 2015. godine, postupajući po apelaciji tadašnjeg člana Predsjedništva BiH Bakira Izetbegovića, donio je odluku o neustavnosti članova Zakona o praznicima RS-a kojim se 9. januar utvrđuje kao zvanični praznik – Dan Republike.
Izetbegović je u apelaciji naveo da taj dan kao dan republike nije u skladu sa Ustavom BiH. Naveo je i da je 9. januar dan kada je “Skupština srpskog naroda u BiH” usvojila Deklaraciju o proglašenju Republike srpskog naroda BiH na područjima srpskih autonomnih regija i oblasti, te drugih srpskih etničkih cjelina u BiH.
Komisija za provođenje referenduma je 25. septembra 2016. godine provela referendum o 9. januaru, iako je Ustavni sud BiH zabranio njegovo održavanje i zatim poništio rezultate izjašnjavanja građana.U decembru 2016. godine Ustavni sud BiH je poništio rezultate referenduma održanog u septembru iste godine.
Ustavni sud Bosne i Hercegovine u martu 2019. godine ponovno je proglasio neustavnim Dan Republike Srpske. Utvrđeno je da je neustavan dio Zakona u kojem stoji da se “na osnovu potvrđene volјe građana Republike Srpske, 9. januar utvrđuje kao Dan Republike Srpske”.
Sud je naveo da odlukom ne dovodi u pitanje postojanje samog praznika, niti pravo Narodne skupštine tog entiteta da raspiše referendum o tome kojeg će se datuma proslavljati Dan RS-a. Ocjenu ustavnosti tražilo je devet bošnjačkih i hrvatskih delegata Vijeća naroda RS-a.
Ustavni sud BiH je u augustu 2017. godine donio odluku kojom je odbijena apelacija Pravobranilaštva Republike Srpske, kao vid žalbe na raniju odluku Suda BiH kojom je naloženo da se vojna imovina u Han Pijesku uknjiži na BiH.
Ovo odluka je značajan korak za knjiženje ne samo objekta Veliki Žep u Han Pijesku, već kompletne vojne državne imovine koja se može knjižiti isključivo na njenog stvarnog vlasnika – državu Bosnu i Hercegovinu, odnosno za potrebe Oružanih snaga BiH.
U julu 2012. godine Ustavni sud BiH je donio ključnu odluku o tome ko je pravi vlasnik državne imovine i kako se državna imovina treba rasporediti između raznih nivoa vlasti. U vezi s prvim pitanjem, Sud je utvrdio da je država BiH nosilac prava vlasništva, odnosno vlasnik cjelokupne imovine bivše SFRJ/SRBiH. Drugo, Sud je utvrdio da Parlamentarna skupština BiH ima isključivu nadležnost da uređuje pitanje dalje raspodjele državne i vojne imovine, odnosno da odlučuje o tome kojim nivoima vlasti će pripasti određena imovina.
U to vrijeme predsjedavajući Predsjedništva BiH Sulejman Tihić 2006. godine podnio je Ustavnom sudu BiH apelaciju za ocjenu ustavnosti entitetskih zakona o grbu, zastavi i himni.
Članovi Zakona o upotrebi zastave, grba i himne RS-a u kojima stoji da se njima “predstavlja državnost RS-a”, te da se pojedini simboli upotrebljavaju u “skladu s moralnim normama srpskog naroda” ukinuti su tada odlukom Ustavnog suda BiH. Također, neustavnim su proglašena i dva člana o grbu i zastavi Federaciji BiH jer se kose sa međunarodnom konvencijom o ukidanju svih oblika rasne diskriminacije.
U februaru 2004. godine, Ustavni sud BiH je prihvatio apelaciju Sejfudina Tokića, u vrijeme podnošenja bio je zamjenik predsjedavajućeg Doma naroda Parlamentarne skupštine BiH.
Odlukom Ustavnog suda BiH ukiniti su svi nazivi gradova koji su u sebi sadržavali pridjev “srpski”: Grad Srpsko Sarajevo, Srpski Drvar, Srpski Sanski Most, Srpski Mostar, Srpsko Goražde, Srbinje, Srpski Ključ, Srpska Kostajnica, Srpski Brod, Srpska Ilidža, Srpsko Novo Sarajevo, Srpski Stari Grad i Srpsko Orašje. Utvrđeno je da Zakon o lokalnoj samoupravi RS-a koji je utvrdio ove nazive nije u skladu Ustavom Bosne i Hercegovine.
Ustavni sud BiH je 2000. godine donio odluku po apelaciji Alije Izetbegovića, tadašnjeg člana Predsjedništva BiH, prema kojoj su “Hrvati, Srbi i Bošnjaci konstitutivni na teritoriji cijele BiH”, a u kojoj stoji kako je “konstitutivnost natkrovljujuće načelo Ustava BiH”. Time je, ispravljena, dejtonska nepraveda prema Hrvatima i Bošnjacima u RS-u.
Ova odluka okarakterizirana je kao historijska. Njome je od vlasti oba entiteta traženo da izmijene svoje ustave kako bi se osigurala puna ravnopravnost tri konstitutivna naroda na čitavom području BiH. Izetbegović je apelaciju podnio u svojstvu predsjedavajućeg Predsjedništva BiH 12. februara 1998. godine.
Komšić uputio apelaciju o Zakonu o prebivalištu
Član Predsjedništva Bosne i Hercegovine Željko Komšić uputio je u januaru ove godine Ustavnom sudu BiH zahtjev za ocjenu ustavnosti pojedinih odredbi Zakona o prebivalištu i boravištu BiH, koji je donesen 2015. godine.
– Petogodišnjom primjenom spornih odredbi Zakona o prebivalištu i boravištu BiH, došlo se do saznanja da bi veliki broj građana, čiji broj se može mjeriti stotinama hiljada, izgubio ranije stečeno pravo na prebivalište, a time i svoj pravni subjektivitet unutar pravnog sistema BiH, što je nedopustivo – navedeno je, između ostalog, u obrazloženju apelacije.
Pobjeda djece i roditelja iz Konjević Polja
Ustavni sud Bosne i Hercegovine je na sjednici od 23. juna 2021. godine usvojio apelaciju djece i roditelja iz Konjević Polja.
Iz citirane odluke, Ustavni sud izdvaja dio: “Osporena odredba, kao što je naglašeno u prethodnim stavovima ove odluke, ne daje pravo javnoj vlasti da određuje ime jezika, već je to isključivo pravo konstitutivnih naroda i Ostalih. Osporena odredba ne zabranjuje pripadnicima Ostalih (kao ni Bošnjacima) da jezik kojim govore zovu bosanski i nadležne vlasti u Republici Srpskoj dužne su im to omogućiti. Javne vlasti u Republici Srpskoj ne mogu osporenu odredbu tumačiti na neustavan način niti mogu određivati ime jezika mimo volje naroda koji ga govori”.
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