Assembly of Brčko District

Pursuant to Article 23 of the Statute, the Assembly of Brčko District is the legislative body of authority. It determines general policy and performs ordinary parliamentary tasks (Article 23, paragraph 2). In other words, the Assembly is in charge of passing the laws and budget and it elects mayors and other employees in accordance with the law and keeps control of the whole administration.³⁶²⁷ The Assembly is composed of thirty-one (31) councillors (previously there were 29) and they are elected in general, free, fair, and direct elections by secret ballot in accordance with the laws of Bosnia and Herzegovina and the District (Article 24). Pursuant to the Election Law,³⁶²⁸ the d´Hondt method is used for the election procedure and election system. According to the Election Law, each constituent people shall be entitled to a minimum of three terms of office. The Assembly Councillors were elected for the first time in 2004 since the Assembly’s term of office is four years (Article 23). The election commissions of the District and Bosnia and Herzegovina shall be in charge of monitoring the elections. The composition of administration shall reflect the multiethnic structure according to the data of the last census.

The Assembly is a hard-working body. It passed 170 laws during the period from 1999 to 2003.³⁶²⁹ In its work, the Assembly relied on the work of the Judicial Commission. This small but very efficient Commission³⁶³⁰ commenced operating on 1 June1999. The work of this commission was based on the following principles:³⁶³¹ clear division of powers, free access to non-corrupt administration, conformed performance of public tasks with due respect for the principle of multi-ethnicity, respect for independence and professionalism of the judiciary. The Commission conducted a comprehensive legal reform, it developed 40 draft laws until the completion of its mandate at the end of 2004 and these laws were passed by the Assembly. The legislation included the areas of civil, administrative, labour and social welfare laws. The following laws should be mentioned: the Law on Ownership and Other Real Rights,³⁶³² the Law on Repossession of Abandoned Property,³⁶³³ and the Law on Conflict of Interest in the Institutions of Brčko District of BiH.³⁶³⁴ This law also applies to the Assembly itself. The Assembly also passed legal acts necessary for its operations: the Rules of Procedure,³⁶³⁵ the Rules of Administrative Proceedings,³⁶³⁶ and the Law on the Councillors of the Assembly of the Brčko District of BiH.³⁶³⁷ The Annual budget is passed on a regular basis,³⁶³⁸ as well as the policy guidelines.

For some decisions to be made, for instance, concerning the Brčko District Laws or the Brčko District Budget (Article 34, paragraph 1), a three-fifths majority of the total number of Councillors is required. In order for some amendments to the Statute to be made, a three-fourths majority of the total number of Councillors is required (Article 34, paragraph 2). Under Article 40, laws must not have retroactive effect. The principle “nulla poena sine lege” (Article 40, paragraph 2) is applicable. Article 41 regulates the procedure of normative control. The Statute and the Brčko District laws must be consistent with the BiH Constitution and the laws of Bosnia and Herzegovina. The Courts of the Brčko District have the right to decide whether the laws are consistent with the BiH Constitution, and whether a certain norm of the laws of the Brčko District is consistent with the Statute.³⁶³⁹ Articles 42-45 stipulate in detail the revenue- related matters.