Brčko Supervision

Supervisory Order on Implementation of the Appellate Court of Brcko District of Bosnia and Herzegovina Decision number 97 0 U 002694 24 Ous of 7 October 2024

admin — Mon, 04 Nov 2024 12:02:22 +0000

November 1st, 2024

In accordance with the powers vested in me by Paragraphs 8, 10, 13, 37 and 43 of the Final Award, dated March 5, 1999, of the Arbitral Tribunal for Dispute over the Inter-Entity Boundary in Brcko Area (hereinafter: Arbitral Tribunal);

Recalling the Award of the Arbitral Tribunal of February 14, 1997, which in the course of establishing an international supervision of Dayton implementation in the Brcko area ordered establishment of “an office and staff in Brcko under the leadership of a Deputy High Representative and Supervisor for Brcko (…) with specific authority to promulgate binding regulations and orders (…) which shall prevail against any conflicting law. All relevant authorities including courts and police personnel shall obey and enforce all Supervisory regulations and orders”;

Without prejudice to the decision of the Supervisor for Brčko District of Bosnia and Herzegovina to suspend his functions as of 31 August 2012, which was supported by the Steering Board of the Peace Implementation Council at its session held on 23 May 2012;

Noting that the Appellate Court of Brcko District of Bosnia and Herzegovina at the session held on October 7, 2024, adopted the Decision no. 97 0 U 002694 24 Ous determining that the Decision on the Appointment of the Chief of Police of the Brcko District of Bosnia and Herzegovina, no. 33-004427/20 of November 9, 2020 (“Official Gazette of the Brcko District of Bosnia and Herzegovina”, no. 10/22), is not in accordance with the provision of Article 64, Paragraph (2) of the Statute of the Brcko District of Bosnia and Herzegovina (“Official Gazette of the Brcko District of Bosnia and Herzegovina”, no. 2/10 – Consolidated Text);

Further noting that as of the date of the publication of the Appellate Court’s Decision in the Official Gazette of the Brcko District of Bosnia and Herzegovina, the Decision on the Appointment of the Chief of Police of the Brcko District of Bosnia and Herzegovina, no. 33-004427/20 of November 9, 2020 (“Official Gazette of the Brcko District of Bosnia and Herzegovina”, no. 10/22) shall cease to be valid;

Acknowledging the content and the effects of the decision of the Appellate Court of Brcko District of Bosnia and Herzegovina, which must be respected and implemented;

Emphasizing that the decision of the Court does not call into question the administrative, personnel and investigatory decisions of the Chief of Police from his appointment in 2020 and that the continuation of the work and actions that will be undertaken until a new Chief of Police is appointed is of the utmost importance, in particular in respect to investigations that are ongoing.

Concerned however about the effect that decision would have on the functioning of the police and possible disruption in its ability to provide a safe and secure environment for all persons in the District, especially taking into account the time necessary for the procedure for the selection and appointment of a new chief of police as well as recently completed local elections that is expected to result in appropriate changes in the composition of the bodies responsible for the implementation of the appointment procedure;

Considering that the proper administration of the public institutions must be ensured at all times;

Concerned that smooth and uninterrupted performance of the police tasks that are vital for the public order and security of Brcko District’s citizens, as well as activities on investigation of criminal offences for which timely actions are of the utmost importance, may be questioned in the absence of the Chief of Police of the Brcko District of Bosnia and Herzegovina;

Further concerned that in the absence of the Chief of Police, investigative actions in the corruption cases that are currently underway could be jeopardized;

Aware of the important responsibilities entrusted upon the chief of police by the law and the need for them to be exercised in the interest of the Brcko District citizens;

Reiterating that it is essential to ensure the uninterrupted functioning of the police at all times in order to prevent crime and maintain public order and security in the Brčko District of Bosnia and Herzegovina while also respecting the above-mentioned decision of the Court;

Having consulted with the Commander of the European Union Forces in Bosnia and Herzegovina and the Commander of NATO Headquarters in Sarajevo, Bosnia and Herzegovina;

Considering the urgency of the matter at stake;

With the aim of eliminating any legal uncertainty or ambiguity

I hereby order that:

As of the date of the publication of the Decision of the Appellate Court of Brcko District of Bosnia and Herzegovina no. 97 0 U 002694 24 Ous dated 7 October 2024 Goran Pisic shall continue to perform duties of the Chief of Police of the Brcko District of Bosnia and Herzegovina until the appointment of a Chief of Police and his assumption of duty.
This Supervisory Order shall come into effect immediately and shall be published on the official website of the Office of the High Representative and in the “Official Gazette of the Brcko District” without delay.

Louis J. Crishock

Supervisor of Brcko District

Principal Deputy High Representative

Notice of Decision by the Supervisor to Lift the Ban Imposed on Slobodan Katanić by Supervisory Order dated 15 February 2008

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Without prejudice to the decision of the Supervisor for Brčko District to suspend his functions as of 31 August 2012, which was supported by the Steering Board of the Peace Implementation Council at its session held on 23 May 2012;

Bearing in mind the Supervisory Order Regulating the Status of Legal Acts Issued by Brčko Supervisors of 31 August 2012 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 37/12) and its paragraph 6 that envisaged that provisions of Supervisory Orders dismissing individuals and/or imposing bans or restrictions against natural and legal persons in the District shall remain in effect and cannot be amended or put out of force by any District institution, and that all such dismissals and/or bans or restrictions, including those decreed to be permanent, shall cease to be in effect when determined by the Supervisor or once Supervision is formally terminated in line with the Final Award;

Recalling that the Supervisor of Brčko District, by way of the Supervisory Order Removing Mr. Slobodan Katanić from His Position in the Brčko District Police, dated 15 February 2008 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 07/08) dismissed Mr. Slobodan Katanić from each and every position occupied in the Brčko District Police, and permanently barred him from holding any position in the Brčko District Police, further barred him from being deployed on the territory of the Brčko District, and from having any supervisory, administrative, or operational authority over matters pertaining to the Brčko District, if he would become employed by any other police body or other civilian or military public security service. In addition, Mr. Katanić was also barred from holding any position in any other Brčko District public institution, whether the position is official or unofficial, elected, appointed or otherwise, and was prohibited from entering non-public areas of the offices of Brčko District public institutions;

Upon careful consideration of Mr. Katanić’s case, I hereby issue this notice of decision:

1. The dismissal, the ban and the restriction specified in the Supervisory Order of 15 February 2008 shall cease to be in effect. Mr. Katanić is hereby permitted to hold any position in the Brčko District Police, to be deployed on the territory of the Brčko District, and to have a supervisory, administrative, or operational authority over matters pertaining to the Brčko District. In addition, Mr. Katanić is hereby also permitted to hold any position in any District public institution, and the prohibition from entering non-public areas of the offices of Brčko District public institutions imposed by the Supervisory Order is also lifted.

2. This decision does not entitle Mr. Katanić to restoration to the office from which he was removed pursuant to the Supervisory Order of 15 February 2008. As such, any possible employment in the Brčko District Police is subject to regular vacancy procedures. Further, this decision does not entitle Mr. Katanić to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the Supervisory Order of 15 February 2008.

3. For the avoidance of any doubt, this decision does not call into question the validity of the Supervisory Order of 15 February 2008, and does not constitute an amnesty but repeal, prospectively, of the ban included in the Supervisory Order of 15 February 2008. The latter is not expunged and remains as part of the legislative record.

4. To the extent the terms of this decision contradict domestic legislation on any of the subjects encompassed hereby, the former shall prevail.

5. This decision has immediate effect and will not require any further procedural steps. It shall be published without delay in the Official Gazette of the Brčko District of Bosnia and Herzegovina.

Tamir G. Waser

Supervisor of Brčko District

Principal Deputy High Representative

Notice of Decision by the Supervisor to Lift the Ban Imposed on Ismet Dedeić by Supervisory Order dated 23 March 2007

admin — Thu, 13 Feb 2014 07:17:37 +0000

Recalling that the Supervisor of the Brčko District, by way of the Supervisory Order on Urban Planning Annulling Certain Decisions Made by the Appellate Commission and Reinforcing Certain Urban Approvals and Dismissing Certain Officials from the District Government and Mandating Certain Changes to District Urban Planning Rules and Imposing Certain Legislative Amendments Relating to the Operation of the Appellate Commission, dated 23 March 2007 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 10/07) dismissed Mr. Ismet Dedeić from his position in the District Government, and permanently barred him from holding any position in any District public institution, whether the position is official or unofficial, elected, appointed or otherwise and that Mr. Dedeić was also prohibited from entering non-public areas of buildings housing District public institutions;

Upon careful consideration of Mr. Dedeić’s case, I hereby issue this notice of decision:

1. The dismissal, the ban and the restriction specified in the Supervisory Order of 23 March 2007 shall cease to be in effect. Mr. Dedeić is hereby permitted to hold any position in any District public institution, whether the position is official or unofficial, elected, appointed or otherwise. In addition, the prohibition from entering non-public areas of buildings housing District public institutions imposed by the Supervisory Order is also lifted.

2. This decision does not entitle Mr. Dedeić to restoration to the office from which he was removed pursuant to the Supervisory Order of 23 March 2007. Further, this decision does not entitle Mr. Dedeić to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the Supervisory Order of 23 March 2007.

3. For the avoidance of any doubt, this decision does not call into question the validity of the Supervisory Order of 23 March 2007 and does not constitute an amnesty but repeal, prospectively, of the ban included in the Supervisory Order of 23 March 2007. The latter is not expunged and remains as part of the legislative record.

4. To the extent the terms of this decision contradict domestic legislation on any of the subjects encompassed hereby, the former shall prevail.

5. This decision has immediate effect and will not require any further procedural steps. It shall be published without delay in the Official Gazette of the Brčko District of Bosnia and Herzegovina.

Tamir G. Waser

Supervisor of Brčko District

Principal Deputy High Representative

Notice of Decision by the Supervisor to Lift the Ban Imposed on Đorđe Popović by Supervisory Order dated 15 February 2008

admin — Thu, 13 Feb 2014 07:04:17 +0000

Recalling that the Supervisor of Brčko District, by way of the Supervisory Order Removing Mr. Đorđe Popović from His Position in the Brčko District Police, dated 15 February 2008 (Official Gazette of Brčko District of Bosnia and Herzegovina, No. 07/08), dismissed Mr. Popović from each and every position occupied in the Brčko District Police, and permanently barred him from holding any position in the Brčko District Police, further barred him from being deployed on the territory of the Brčko District, and from having any supervisory, administrative, or operational authority over matters pertaining to the Brčko District, if he would become employed by any other police body or other civilian or military public security service. In addition, Mr. Popović was also barred from holding any position in any other Brčko District public institution, whether the position is official or unofficial, elected, appointed or otherwise, and was prohibited from entering non-public areas of the offices of Brčko District public institutions;

Upon careful consideration of Mr. Popović’s case, I hereby issue this notice of decision:

1. The dismissal, the ban and the restriction specified in the Supervisory Order of 15 February 2008 shall cease to be in effect. Mr. Popović is hereby permitted to hold any position in the Brčko District Police, to be deployed on the territory of the Brčko District, and to have a supervisory, administrative, or operational authority over matters pertaining to the Brčko District. In addition, Mr. Popović is hereby also permitted to hold any position in any District public institution, and the prohibition from entering non-public areas of the offices of Brčko District public institutions imposed by the Supervisory Order is also lifted.

2. This decision does not entitle Mr. Popović to restoration to the office from which he was removed pursuant to the Supervisory Order of 15 February 2008. As such, any possible employment in the Brčko District Police is subject to regular vacancy procedures. Further, this decision does not entitle Mr. Popović to compensation for any remuneration, other forms of unvested monetary benefits or privileges or status forfeited as a result of the Supervisory Order of 15 February 2008.

4. To the extent the terms of this decision contradict domestic legislation on any of the subjects encompassed hereby, the former shall prevail.

5. This decision has immediate effect and will not require any further procedural steps. It shall be published without delay in the Official Gazette of the Brčko District of Bosnia and Herzegovina.

Tamir G. Waser

Supervisor of Brčko District

Principal Deputy High Representative

Supervisory Order Extending the Mandate of the Independent Board for Selection and Review of Work of the Chief of Police and Also Mandating the Brcko District Assembly to Amend the Law on Police of the Brcko District of BiH

admin — Mon, 02 Aug 2010 10:07:06 +0000

In accordance with the powers vested in me by Paragraphs 8, 10, 11, 13, 36, and 37 of the Final Award of March 5, 1999, and Paragraph 9 of August 19, 1999 Annex to the Final Award of the Arbitral Tribunal for Dispute Over Inter – Entity Boundary in Brcko Area;
With reference to the Law on Police of the Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No.31/09) (hereinafter: “the Law on Police”) of October 14, 2009, adopted at 14th regular session, regulating the procedure of selection and appointment of the Independent Board for Selection and Review of Work of the Chief of Police (hereinafter: “the Independent Board”);
Recalling that on July 20, 2006, the Assembly of the Brcko District of BiH (hereinafter: “the Assembly”) at its 35th regular session appointed members of the Independent Board in line with the previous Law on Police of the Brcko District – consolidated version (“Official Gazette of the Brcko District of BiH”, No.19/06); that the Decision on Appointment of Members of the Independent Board for Selection and Review of Work of the Chief of Police was published in the “Official Gazette of the Brcko District of BiH” No. 26/06, and that the mandate of the members of the Independent Board expired on July 20, 2010;
Recalling further that with an aim to conduct the process of selection of members of the Independent Board, on May 6, 2010, the Mandate and Immunity Committee and Appointments Committee of the Assembly (hereinafter: “the Committee”) announced a public invitation for eligible candidates;
Noting that the Committee conducted the selection procedure and, on June 29, 2010, proposed to the Assembly a list of nominees for the members of the Independent Board;
Mindful of the fact that the Law on Police adopted by the Assembly was prepared by the representatives of Brcko Police, distinguished lawyers and experts in the police matters;
Noting that the reforms in the police sector throughout Bosnia and Herzegovina have continued since the adoption of the Law on Police with an aim to eliminate political or internal police interference from the work of Independent Boards by excluding the possibility of serving police officials from any jurisdiction in Bosnia and Herzegovina to serve as members on such boards;
Further noting that as a consequence of these developments, the Law on Police as it currently stands and as previously carried out with respect to the Independent Board is subject to misinterpretation on this point and therefore needs to be corrected, and that, as a result, the selection process initiated on May 6, 2010 is inconsistent with the intention of the law, which thus renders the process invalid in this respect;
Believing that while this misinterpretation is not the fault of the Assembly or the Committee per se, nonetheless there is a need to clarify the legislation and to conduct a new selection process in line with the correct interpretation of the provisions related to selection of the members of the Independent Board;
Emphasizing that the District has been a leader in many of the reforms carried out in Bosnia and Herzegovina and that it desires to continue to adopt the best practices to maintain the highest professional standards and performance of its institutions and their independence;
Acknowledging, with appreciation, the professional commitment and high standards of performance of the current Independent Board in the past, including representation of persons from the Entities, and having full confidence in their ability to continue to carry out their duties with the same commitment and standards of performance;
Having carefully reviewed a variety of options for resolving the issue and concluded that under the circumstances the competent bodies will not be able to resolve the issue in a timely manner;
Having consulted with the European Union Police Mission, the Mayor, Speaker, Deputy Speaker and the Heads of Caucuses in the Brcko District Assembly;
Having therefore decided to resolve the issue by way of a Supervisory Order with the aim of eliminating any legal uncertainty or ambiguity about the criteria for the membership of the Independent Board.

I therefore hereby order that:
1. The Brcko District Assembly shall, by April 30, 2011 and not prior to the constitution of entity and state authorities following the general elections set for October 3, 2010, amend the Law on Police to exclude the possibility that serving police officials from any jurisdiction in Bosnia and Herzegovina could become members of the Independent Board as well as to assure representation of residents from both Entities in the Independent Board. The Brcko District Assembly shall publish the amendments in the Official Gazette of the Brcko District of BiH without delay.
2. The Brcko District Assembly shall commence and conduct the procedure for selection of new members of the Independent Board immediately upon entering into force of the amendments to the Law on Police. The selection and appointments procedure should be completed by July 30, 2011, at the latest.
3. The current members of the Independent Board shall continue to perform all duties and responsibilities as members of the Independent Board, until such time that the Brcko District Assembly appoints the new members pursuant to Paragraph 2 of this Order.
4. Brcko District institutions shall undertake all necessary measures to ensure implementation of this Order.
5. This Order has immediate effect without further procedural steps.
6. This Supervisory Order shall be published in the Official Gazette of the Brcko District of Bosnia and Herzegovina in both English and the official languages of Bosnia and Herzegovina. In the event of inconsistency, the English language version shall be authoritative for all purposes.

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

Letter No 9

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Letter to Ms Jovanović

OHR
Office of the
High Representative
Musala bb, 76100 Brčko
Tel: ++387 49 240 300
Fax: ++387 49 217 560

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

C.c.

Dr. Dragan Pajic
Mayor
Government building
Bulevar Mira No.1
Brcko District of BiH
Bosnia and Herzegovina

Mr. Jovo Galic
Head of the Expert Service
Brcko District Assembly
Dom Kulture
Mladena Maglova
Brcko District of BiH
Bosnia and Herzegovina

July 30, 2010

Ms Desanka Jovanovic
Bulevar mira 20
Brcko District of BiH
Bosnia and Herzegovina

Dear Ms Jovanovic:

By the way of my Supervisory Order dated March 23, 2007 (“Official Gazette of Brcko District of BiH”, No. 10/06), you were dismissed for cause from your position of the President of the Appellate Commission of the District Government.

Upon careful and lengthy consideration of your case, including your comportment since your removal, I have concluded that the prohibition of holding public office has now been sufficient in relation to the original causes for your removal from office. I have therefore decided to partially revoke a part of operative Paragraph 11 of my Supervisory Order of March 23, 2007 reading as follows: “Ms. Jovanovic shall hold no position in any District public institution for a period of five (5) years from the date of this Supervisory Order, whether the position be official or unofficial, elected, appointed or otherwise.”

This partial revocation in no way shall be construed as conveying rights to reinstatement, salary or emoluments associated with your former position, or shall in any way negate the other portions of my Supervisory Order of March 23, 2007.

This letter shall have legal effect as an amendment to my Supervisory Order of 23 March 2007, and I hereby direct that it be published without delay in the Official Gazette of the Brcko District of Bosnia and Herzegovina.

Sincerely,

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

c. c: Dr. Dragan Pajic
Mayor of Brcko District of BiH
Government building
Bulevar Mira no. 1
Brcko District of BiH
Bosnia and Herzegovina

Dr Anto Domic
Deputy Mayor of Brcko District
Government building
Bulevar Mira 1
Brcko District of BiH
Bosnia and Herzegovina

Mr. Mirsad Djapo
Speaker of the Brcko District Assembly
Dom Kulture
Mladena Maglova 1
Brcko District of BiH
Bosnia and Herzegovina

Mr. Ivan Krndelj
Deputy Speaker of the Brcko District Assembly
Dom Kulture
Mladena Maglova 1
Brcko District of BiH
Bosnia and Herzegovina

Supervisory Order Subsidizing the Cost of Electricity Supply to Brcko District From July 1, 2010 Until December 31, 2010

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In accordance with the powers vested in me by Paragraphs 8, 10, 11, 13, 36 and 37 of the Final Award, dated March 5, 1999, of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area (“the Brcko Tribunal”);
In accordance also with Paragraph 67 of the Final Award dated March 5, 1999 which provides in relevant parts that the Brcko Tribunal “will retain jurisdiction over (…) dispute until such time as the Supervisor, with the approval of the High Representative, has notified the Tribunal (…) that such institutions are functioning effectively and apparently permanently”;
Recalling the decisions of the High Representative dated September 18, 2009 enacting the Laws on Amendments to the Laws on Electricity of the Republika Srpska and the Federation of Bosnia and Herzegovina, as well as the Law on Amendments to the Law on Transmission of Electric Power, Regulator and System Operator of Bosnia and Herzegovina, aimed at including Brcko District of Bosnia and Herzegovina within the frame of the electric power regulatory system by establishing a legal public service obligation for the Entities to supply electricity to residents of Brcko District, without any discrimination;
Recallingfurther that the institutions of Bosnia and Herzegovina and ofthe Federation of Bosnia and Herzegovina have immediately published the above-mentioned Laws on Amendments to the Laws in their respective official gazettes (Official Gazette ofBosnia and Herzegovina, No. 76/09, and Official Gazette of the Federation of Bosnia and Herzegovina, No. 61109), while the authorities of the Republika Srpska have still not yet done so, despite such publication being required by the Republika Srpska Law on Gazetting of Laws and Other Regulations of the Republika Srpska (Official Gazette of the Republika Srpska, No. 67/05 and 110108);
Condemning the actions of State Electricity Regulatory Commission member Vladimir Dokic, who has since September 2009 willfully, intentionally and illegally blocked the implementation of the enacted Law on Amendments to the Law on Transmission of Electric Power, Regulator and System Operator of Bosnia and Herzegovina by preventing the State Electricity Regulatory Commission from carrying out its legal obligations to regulate tariffs in Brcko for the Brcko District’s distribution costs required for the final delivered price of electricity to District households and other customers and to provide a license to Brcko District Public Utility Company to operate and distribute electricity;
Regretting that Republika Srpska ‘s continued, willful and serious non-compliance with the Awards of the Tribunal and the High Representative’s Decisions, as well as Mr. Dokic’s continued, illegal blockage of the State Electricity Regulatory Conunission, prevented Elektropri vreda of Republika Srpska and Elektroprivreda of Bosnia and Herzegovina to reach an agreement within the legally set deadlines on a different supply arrangement that could have been to the benefit of all, primarily Brcko District residents;
Noting that, in the absence of a different supply arrangement, resulting from the aforementioned serious non-compliance by the Republika Srpska, Brcko District Public Utility Company concluded contracts for electricity supply for calendar year 2010 with Elektroprivreda of Republika Srpska and Elektroprivreda of Bosnia and Herzegovina for six months each, thereby acting in accordance with the legislation in force and with an aim to remove any uncertainty about the availability and reliability of the supply of electricity to District residents;
Noting further that the Republika Srpska continues its willful and serious non-compliance with the Final Award and the High Representative’s decisions, thereby still preventing full incorporation of Brcko District into the single regulated electricity market of Bosnia and Herzegovina;
Regretting that this continuing, serious non-compliance has significantly and unnecessarily delayed the closure of international Supervision over Brcko District of Bosnia and Herzegovina, notwithstanding the many insincere and tendentious statements of Republika Srpska officials claiming to want an end to Supervision;
Notwithstanding my numerous meetings with the Republika Srpska authorities in order to assist them in finding a way to come into compliance with their established legal obligations towards Brcko District in a manner consistent with the General Framework Agreement for Peace, the Awards of the Tribunal, numerous resolutions of the United Nations Security Council issued under Chapter VII of the UN Charter, as well as repeated calls by the international community including the Communiques of the Peace Implementation Council Steering Board of November 19,2009 and of February 25, 2010, and of June 30, 2010, urging the Republika Srpska authorities to fulfill the remaining legal obligation regarding electricity in order to allow the Brcko Supervisorto notify theArbitral Tribunal ofthe completion ofthe Final Award;
Whereas Elektroprivreda of Republika Srpska has charged more for electricity since January 1, 2010 than it did in the previous year, and whereas the regulated price for electricity charged by Elektroprivreda of Bosnia and Herzegovina will represent a further increase in price for Brcko District residents from July 1, 2010 until December 31, 2010, and that the Public Utility Company of Brcko District is not in a financial position to absorb two major price increases in the same year;
Noting that the blockage of the State Electricity Regulatory Commission prevented the setting of distribution tariffs for Brcko District in a manner that would have buffered the price fluctuations by averaging it out for the whole year;
Noting further that the residents of Brcko District of Bosnia and Herzegovina should not have to bear the consequences of Republika Srpska’s aforementioned serious non-compliance;
Commending the willingness of the Public Utility Company of Brcko District of Bosnia and Herzegovina to support a part of costs incurred due to the increase of electricity price with the aim to minimize the burden falling on the customers of the Public Utility Company of Brcko District of Bosnia and Herzegovina;
Determined by way of a subsidy to reduce to the maximum possible extent the immediate consequences of the irresponsibility of the public authorities toward the institutions and the residents of Brcko District of Bosnia and Herzegovina;
Reserving the right and authority as Supervisor, under Paragraph 43 of the Final Award and Paragraph 9 of the Annex to the Final Award, to direct the Entities to make up any short-fall in the finances of the District so that the District may be made financially whole rather than be penalized as a result of serious non-compliance by the Republika Srpska;
Reserving the right also to revisit this Supervisory Order at any time, either to adjust the amounts provided in the operative part of this order or to otherwise amend or annul it;
Having therefore decided to subsidize by way of Supervisory Order the increased cost of electricity for the period July 1 to December 31, 2010 by directing the provision of funds controlled by Brcko District of Bosnia and Herzegovina;
I hereby order that:
1. The amount of 2,500,000.00 BAM from the funds reallocated to Brcko District on the basis of the Law on the Distribution, Purpose and Use of Financial Assets Obtained under Annex “C” to the Agreement on Succession Issues (Official Gazette of Bosnia and Herzegovina, No. 76/09) shall be provided as a subsidy. This amount shall be transferred to the Public Utility Company of Brcko District for the procurement of electricity for the period from July 1, 2010 until December 31, 2010, within 30 days from the date of this Order.
2. The Public Utility Company of Brcko District shall provide 600,000.00 BAM as its share in subsidizing the electricity price increase for the period from July 1,2010 until December 31, 2010.
3. Customers of the Public Utility Company of Brcko District shall bear the remaining price increase.
4. Pending the approval of distribution costs of the Public Utility Company of Brcko District by the State Electricity Regulatory Commission pursuant to the Law on Transmission of Electric Power, Regulator and System Operator of Bosnia and Herzegovina, those costs shall be calculated by Brcko District Public Utility Company on the basis of objective criteria and approved by the Governing Board of Brcko District Public Utility Company.
5. This Supervisory Order has immediate effect and shall be published without delay in the Official Gazette of the Brcko District of Bosnia and Herzegovina.
6. All public officials, civil servants and employees in the Brcko District shall take all necessary measures to ensure that this Order be executed in full.
7. For the avoidance of doubt, the provisions of this Order shall override all inconsistent legislation and legal acts to the extent necessary to give this Order full effect. This Supervisory Order is published in both English and in the official languages of Bosnia and Herzegovina. In the event of any inconsistency, the English language version is authoritative for all purposes.

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

Supervisory Order Enacting the Law on Procedure of Assessment of Compatibility of Legal Acts of Brcko District of BiH Supervisory Order Enacting the Law on Procedure of Assessment of Compatibility of Legal Acts of Brcko District of BiH and the Law on Amendments and Addenda to the Law on Public Attorney’s Office of Brcko District of BiH as Prepared by the Brcko District Judicial Commission And Enacting the Addenda to the Rules of Procedure of the Assembly of Brcko District of Bosnia and Herzegovina as Prepared by the Expert Service of Brcko District Assembly

admin — Fri, 04 Jun 2010 09:57:24 +0000

In accordance with the powers vested in me by Paragraphs 8, 10, 11, 13, 36 and 37 of the Final Award, dated March 5, 1999, of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area (“the Brcko Tribunal”);
In accordance also with Paragraph 67 of the Final Award of March 5, 1999 providing in relevant parts that the Brcko Tribunal “will retain jurisdiction over (…) dispute until such time as the Supervisor, with the approval of the High Representative, has notified the Tribunal (…) that such institutions are functioning effectively and apparently permanently”;
In furtherance of the adoption of Amendment I to the Constitution of Bosnia and Herzegovina (“Amendment I”) published in the Official Gazette of Bosnia and Herzegovina, No. 25/09 on March 31, 2009, aiming at providing a constitutional solution for the status of Brcko District and its access to the Constitutional Court of Bosnia and Herzegovina;
Having consequently decided by way of my Supervisory Order On Amending the Statute of Brcko District and Enacting the Law on Amendments to the Law on Courts of Brcko District (hereinafter: Supervisory Order of December 21, 2009), published in the Official Gazette of Brcko District of Bosnia and Herzegovina, No. 39/09, to enact the necessary amendments to the Brcko District legislation, in particular relevant provisions of the Statute and of the Law on Courts of Brcko District of Bosnia and Herzegovina published in the Official Gazette of Brcko District of Bosnia and Herzegovina, Nos. 19/07 and 20/07, in order to regulate and expedite access of Brcko District institutions to the Constitutional Court of Bosnia and Herzegovina;
Recalling my above mentioned Supervisory Order of December 21, 2009, providing in its Paragraph 6 that: “The Brcko District Judicial Commission shall immediately start preparing a draft law regulating the procedure of assessment of compatibility of legal acts in the District, as well as amendments to the Law on Public Attorney Office reflecting the amendment to the Statute, and shall provide my Office with this law for my approval no later than February 15, 2010, whereupon I may consider enacting this law as a law of Brcko District by further Supervisory Order”;
Recalling also the provision of its Paragraph 7 stating that “the Expert Service of the Brcko District Assembly shall immediately start preparing draft amendments to the Rules of Procedure of the Brcko District Assembly reflecting the amendments to the Statute and shall provide my Office with the draft amendments for my approval no later than February 15, 2010, whereupon I may consider enacting these amendments by further Supervisory Order”.
Acknowledging the need to clearly define the procedure of assessment of compatibility of all legal acts within the Brcko District legal system and therefore to have a Brcko District law regulating this matter as soon as possible;
Mindful of the need that such changes are necessary in order to improve the effectiveness and functionality of the Brcko District Courts and other institutions as well as to ensure the protection of the interest, status and powers of Brcko District through effective procedure and the maintenance of harmony after Supervision has ended;
Having therefore requested that the Expert Service of the Brcko District Assembly and the Brcko District Judicial Commission prepare the necessary drafts within the timeline set forth in my Supervisory Order of December 21, 2009;
Commendingthe efforts and work of the members of the working group set up by the Brcko District Judicial Commission, for providing a high quality draft law within the timeline set for it in the Supervisory Order in cooperation with my Office, and satisfied that the amendments to the Rules of Procedure of the Assembly of Brcko District reflecting the changes of the Statute will complete the process of harmonization of District legislation with the Amendment I to the Constitution of Bosnia and Herzegovina;
Having consulted with the Public Attorney Office, the President of the Appellate Court and other members of the Brcko District Judicial Commission, on the various options to enact those legal changes in the most effective manner, and having received broad support thereto;
Having therefore decided to regulate these issues by way of a Supervisory Order as the most expeditious way and thus avoiding any legal uncertainty;
I therefore hereby order that:
1. The Law on the Procedure of Assessment of Compatibility of Legal Acts of Brcko District, hereinafter set out in Annex I to this Supervisory Order, is hereby enacted as a Law of Brcko District.
2. The Law on Amendments and Addenda to the Law on Public Attorney’s Office of Brcko District, hereinafter set out in Annex II to this Supervisory Order, is hereby enacted as a Law of Brcko District.
3. Addenda to the Rules of Procedure of the Assembly of Brcko District of Bosnia and Herzegovina set out in Annex III to this Supervisory Order are hereby enacted.
4. The Laws, enacted by virtue of Paragraphs 1 and 2 of this Supervisory Order, and Addenda to the Rules of Procedure enacted by virtue of Paragraph 3 of this Supervisory Order shall be published without delay in the Official Gazette of the Brcko District of Bosnia and Herzegovina and shall enter into force on the eighth (8th) day after its publication.
5. The Laws enacted by virtue of Paragraphs 1 and 2 of this Supervisory Order and Addenda to the Rules of Procedure enacted by virtue of Paragraph 3 of this Supervisory Order may subsequently be amended by the Brcko District Assembly in accordance with the Statute of Brcko District of Bosnia and Herzegovina and the Rules of Procedure of the Assembly of Brcko District of Bosnia and Herzegovina.
6. This Supervisory Order has immediate effect without further procedural steps. All public officials, civil servants and employees in the Brcko District shall take all necessary measures to ensure that this Order be executed in full.
7. This Supervisory Order is published in English and in the official languages of Bosnia and Herzegovina. In the event of any inconsistency, the English language version is authoritative for all purposes.
8. The Law on the Procedure of Assessment of Compatibility of Legal Acts of Brcko District, the Law on Amendments and Addenda to the Law on Public Attorney’s Office of Brcko District and Addenda to the Rules of Procedure of the Assembly of Brcko District of Bosnia and Herzegovina hereby enacted and attached to this Supervisory Order as its Annexes I, II and III are published in the official languages of Bosnia and Herzegovina, which are authoritative for all purposes.

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

Annex I to the Supervisory Order Amending the Statute of Brcko District, dated December 21, 2009 Amendment to the Statute of Brcko District of Bosnia and Herzegovina

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In the Statute of the Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 17/08), Article 12 shall be amended to read as follows:

Article 12
Entity Citizenship
(1) District residents may be citizens of an Entity and of Bosnia and Herzegovina.
(2) District residents have the right to choose or change their Entity citizenship.
(3) District residents’ rights provided in Paragraphs (1) and (2) of this Article shall be regulated by laws of Bosnia and Herzegovina, Entities and District.”

21/12/2009
Addendum to the August 4, 2006 Supervisory Order “Abolishing Entity Legislation within Brcko District and Declaring the Inter-Entity Boundary Line to Be of No Further Legal Significance within the District”

In accordance with paragraphs 8, 11, 13, 37 and 39 of the Final Award of March 5, 1999, of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area (“the Brcko Tribunal”);
Noting in particular Paragraph 1 of the Annex to Final Award of August 18, 1999 in its relevant parts, providing that, “Every present or future resident of the District who was a citizen of an entity prior to the establishment of the District shall remain a citizen of that entity. As to all other District residents, including persons born after the establishment of the District, the Supervisor may provide in the Statute for the District Government, after taking into account applicable laws of Bosnia and Herzegovina, that each such person shall have the right at an appropriate time to choose his or her entity citizenship. The Supervisor may also include in the District Statute, after taking into account applicable laws of Bosnia and Herzegovina, a mechanism for allowing any resident of the District to change his or her entity citizenship, regardless of his or her location within the District (…).”
Recalling that the August 4, 2006 Supervisory Order “Abolishing Entity Legislation within Brcko District and Declaring the Inter-Entity Boundary Line to Be of No Further Legal Significance within the District” and its Addendum issued on January 17, 2008, abolished Entity legislation within the Brcko District and declared the Inter-Entity Boundary Line (“IEBL”) to be of no further legal significance within the District;
Reminding that on September 18, 2009, the High Representative issued three Decisions amending the Entity and State legislation on Entity and Bosnia and Herzegovina citizenship establishing a mechanism allowing any resident of the District to change his or her entity citizenship;
Reminding further that the Brcko District Assembly adopted unanimously the Law of Brcko District of Bosnia and Herzegovina on Selection and Change of Entity Citizenship at its 15th session on October 28, 2009, fully harmonized with Entity and State Laws;
Determined to eliminate any legal uncertainty about the applicability of Entity Laws regulating entity citizenship on the Brcko District territory;
Emphasizing that the August 4, 2006 Supervisory Order “Abolishing Entity Legislation within Brcko District and Declaring the Inter-Entity Boundary Line to Be of No Further Legal Significance within the District” and its Addendum of January 17, 2008, remain in force;
I therefore hereby order that:
1. A new Paragraph (5a) shall be added to the Supervisory Order “Abolishing Entity Legislation Within Brcko District and Declaring the Inter-Entity Boundary Line to Be of No Further Legal Significance within the District”, dated August 4, 2006 and shall read as follows:
“5a. Nothing in this Supervisory Order shall affect the validity within the District of Entity legislation regulating citizenship issues in accordance with Paragraph 1 of the Annex to Final Award, respective laws of Bosnia and Herzegovina and of District.”
2. Brcko District institutions shall undertake all necessary measures to ensure implementation of this Order.
3. This Supervisory Order has immediate effect without further procedural steps.
4. This Supervisory Order shall be published without delay in the Official Gazette of the Brcko District of Bosnia and Herzegovina in English and in the official languages of Bosnia and Herzegovina. In the event of any inconsistency, the English language version is authoritative for all purposes.

Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative

Supervisory Order Amending the Statute of the Brcko District of Bosnia and Herzegovina

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Dr. Raffi Gregorian
Supervisor of Brcko District
Principal Deputy High Representative