State of emergency in the Republika Srpska: Legal regulation

• Published in: Zbornik radova (Pravni fakultet u Novom Sadu) Vol. 57; no. 4; pp. 1279 - 1306
• Main Author: Marković, Goran
• Format: Journal Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2023
• Subjects: constitution of republika srpska; human rights; regulations with legal force; state of emergency; the principle of constitutionality and legality
• ISSN: 0550-2179; 2406-1255
• DOI: 10.5937/zrpfns57-45321

The legal regime of the state of emergency is regulated very poorly in Republika Srpska and Bosnia and Herzegovina in general. It is necessary to carry out a detailed positive legal and comparative legal analysis of this legal regime, to formulate proposals for amending the Constitution and laws of Republika Srpska. Their goal would be greater legal certainty and more detailed and meaningful legal regulation, which would reduce opportunities for abuses of state power and endangering human rights. The author first analyzes the constitutional provisions on the declaration of a state of emergency, the functioning of state institutions and the restriction of human rights during its duration. The author concludes that the constitutional provisions are so lapidary, that the state institutions, especially the executive, have wide possibilities for regulation of the state of emergency and the exercise of state power during its duration, even relatively wide possibilities of limiting human rights. The author believes that this is an extremely inappropriate legal solution. Therefore, he made a series of proposals for amendments to the Constitution of Republika Srpska, so that the legal regime of the state of emergency would be as fully regulated as possible, which would significantly reduce the possibilities of abuse of state power.