A law on state property has taken effect in Republika Srpska despite attempts by High Representative to Bosnia Christian Schmidt to block it.
The law on immovable state property used for the functions of public authorities came into effect on February 28, the Republika Srpska's authority responsible for property matters told RFE/RL.
It is seen as an attempt by Republika Srpska to transfer state property from Bosnia to the Serb entity.
The implementation of the law is a direct challenge to previous decisions by Schmidt to repeal the original decree creating the law and his decision on February 27 to suspend it pending a final decision by Bosnia's Constitutional Court.
Republika Srpska says the law aims to ensure that properties used by the authorities of Republika Srpska, including local governments, public companies, public institutions, and other departments founded by Republika Srpska, belong to them.
Schmidt said on February 27 that the matter of state property "cannot be solved by unilateral actions and reminded all decision makers that the Parliamentary Assembly of Bosnia and Herzegovina is the right place to resolve that issue."
He said until the court rules "legal insecurity must be avoided."
Schmidt attempted to block the law last year by declaring unconstitutional a decree issued by Zeljka Cvijanovic, then-president of Republika Srpska, on the enactment of the law. He also said then that the Bosnian Constitutional Court should decide the matter, but at the same time called on Bosnian politicians to sit down and discuss the future of state property and reach a reasonable solution.
That decision on April 12, 2022, was the first time Schmidt used powers allowing his office to impose or change laws, remove elected and appointed officials from their positions. The Office of the High Representative was granted those powers in the implementation of the peace accords that ended the 1992-95 Bosnian War.
Despite Schmidt’s decision to repeal the decree, the law on immovable properties was published in the official journal of Republika Srpska and was passed by the Republika Srpska Assembly on February 10.
The Peace Implementation Council for Bosnia-Herzegovina, and international body that includes representatives of the United States, Russia, Britain, Germany, France, Italy, Canada, Turkey, Japan, and the European Union asked Bosnia in September 2004 to come up with a permanent solution for the issue of state property.