SNSD’s Proposal to Transfer Competencies From BiH to RS Entity

The ruling party in Bosnia’s Republika Srpska (RS) entity has submitted to opposition parties proposals that would result in the transfer of competencies on the judiciary, defense, and indirect taxation policies from the state to the entity. BiH tripartite Presidency member Milorad Dodik, the leader of the Alliance of Independent Social Democrats (SNSD) which submitted the proposals, announced that a special RS National Assembly session will take place to discuss them already in November. One of the conclusions that should be discussed is an instruction to the RS Government to submit “laws and other regulations that will enable the smooth functioning of the Republika Srpska” to the RS National Assembly for consideration within six months.

“Laws and other regulations transferring competencies from the Republika Srpska to BiH institutions shall not be applied on the territory of the Republika Srpska from the day the law referred to in item 2 of this conclusion enters into force. These conclusions shall enter into force on the day following the day of their adoption”, the proposed conclusion says. The SNSD and its coalition partners in the RS proposed that the RS National Assembly withdraws its consent to the Decision of August 30, 2005, regarding the Transfer of Defense Competences to the Institutions of BiH, which the RS Government signed together with the Government of Bosnia’s other semi-autonomous entity, the Federation (FBiH), on December 28, 2005.

Another proposed conclusion is that the RS National Assembly also withdraws the consent it gave in 2003 to transfer competencies regarding indirect taxation to the BiH Parliament. The RS would then adopt its own law on value-added tax on excise duties, which means that laws of BiH regarding this issue would cease to be valid in the RS, according to the proposal. According to another SNSD proposal, the RS National Assembly would withdraw the consent it gave in 2004 for transferring competencies on the judiciary to the state, and the RS Government would subsequently propose a law on establishing a separate top judicial institution for the entity. This would mean that the law on the High Judicial and Prosecutorial Council of BiH would no longer apply in the territory of the RS.

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