Orban cannot give 100 Million to RS without the Consent of the State Authorities
The big announcements from Budapest about financial aid to Milorad Dodik and his secessionist plans could remain dead letter because they deeply violate both domestic and international legislation.
Hungarian Prime Minister Viktor Orban announced a few days ago that he would block all moves by the European Union (EU) to sanction Milorad Dodik’s regime because of his separatist plans. Orban also said that Hungary would give 100 millioneuros in aid to the entity of Bosnia and Herzegovina (BiH), Republika Srpska (RS).
But, Milorad Dodik and RS could remain without money, as this is an international money transfer, which is not under the jurisdiction of the entities but the state of BiH.
Article 3, paragraph 2 of the Constitution of BiH states that “any entity may conclude agreements with states and international organizations with the consent of the Parliamentary Assembly”. This means that the RS entity can make a financial-credit arrangement with Hungary only with the consent of the BiH Parliamentary Assembly.
According to the Constitution of BiH, Article V paragraph 3, the Presidency of BiH is responsible for “conducting negotiations for the conclusion of international agreements of BiH, cancellation and, with the consent of the Parliamentary Assembly, ratification of such agreements.” According to the Law on the Procedure for Concluding and Executing International Agreements of BiH (Article 3), the Presidency “may authorize the Council of Ministers of BiH and other competent bodies of BiH to conclude an international agreement”.
Thus, Dodik and RS can only demand from Orban that Hungary violates a number of international regulations, and incur a scandal of international proportions, in order to help the impoverished finances of the smaller BiH entity.
On the other hand, Orban could become the subject of the European Commission with such an action due to the violation of the rule of law and the rules of international financial transactions, which are rigorously regulated in the EU.
But, Milorad Dodik and RS could remain without money, as this is an international money transfer, which is not under the jurisdiction of the entities but the state of BiH.
Article 3, paragraph 2 of the Constitution of BiH states that “any entity may conclude agreements with states and international organizations with the consent of the Parliamentary Assembly”. This means that the RS entity can make a financial-credit arrangement with Hungary only with the consent of the BiH Parliamentary Assembly.
According to the Constitution of BiH, Article V paragraph 3, the Presidency of BiH is responsible for “conducting negotiations for the conclusion of international agreements of BiH, cancellation and, with the consent of the Parliamentary Assembly, ratification of such agreements.” According to the Law on the Procedure for Concluding and Executing International Agreements of BiH (Article 3), the Presidency “may authorize the Council of Ministers of BiH and other competent bodies of BiH to conclude an international agreement”.
Thus, Dodik and RS can only demand from Orban that Hungary violates a number of international regulations, and incur a scandal of international proportions, in order to help the impoverished finances of the smaller BiH entity.
On the other hand, Orban could become the subject of the European Commission with such an action due to the violation of the rule of law and the rules of international financial transactions, which are rigorously regulated in the EU.
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