Article III.5(a)-Powers

In the State Border Service Decision,²⁸⁰³ the Constitutional Court upheld the Presidency’s decision to submit a proposed law to the Parliamentary Assembly for the creation of a new State Border Service. Eleven members of the House of Representatives had challenged the authority of the Presidency to adopt such a decision. The Court did not identify specific constitutional authority from paragraph 3 of Article V to support the Presidency’s decision. Instead, the Court based its ruling on the language of Article III.5(a) of the Constitution, specifically the authority of the State to assume responsibilities necessary to protect the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina.²⁸⁰⁴ The Court did not explain in detail how the Presidency derived powers from Article III.5(a).

Apparently, the Court recognised that the power of the State to “assume responsibility for such other matters” is to be executed “in accordance with the division of responsibilities between the institutions of Bosnia and Herzegovina.” In the case of the State Border Service, the Court recognised the Presidency’s competencies in foreign affairs. Therefore, it was appropriate for the Presidency to use Article III.5(a) powers “in accordance with [its] responsibilities” to adopt a decision establishing a State Border Service. The reasoning of this court decision could lead to the further creation of Presidential powers that are not specifically enumerated in the Constitution.