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Judge Milan Blagojevic considers Milorad Dodik's mandate as President of Republika Srpska to be over, following the court's historic decision, which sentenced him to 1 year in prison and a 5-year ban on holding public office.
Speaking to TV BN, Blagojevic, former advisor to Zeljka Cvijanovic, points out that, according to the Criminal Code of BiH, the legal consequences of a decision enter into force on the day it becomes final, which is precisely the day it is adopted.
He adds that since the decision by the Court of BiH was issued on August 1, it is clear that it was made earlier, which means that from that day on, Dodik can no longer perform the function of President of RS.
"If we adhere to the law, Dodik's position ceased on the day of the decision. In this case, he no longer has the legal basis to appoint a deputy from among the vice presidents, because he no longer holds that position. The RS Constitution clearly stipulates that only the current president has this right," Blagojevic said.
He also recalled the situation in 2007, when, after the death of then-President Milan Jelic, the National Assembly appointed a temporary successor until elections could be held.
A similar approach, Blagojevic believes, could be implemented now, but with one limitation: the replacement could only be carried out by one of the RS vice presidents, and not by any third party.
In his opinion, the BiH Central Election Commission should act urgently and announce early elections for the President of RS, which should be held no later than 90 days from the date of their announcement.
If any obstruction of that process were to occur, Blagojevic warns that this would constitute the commission of at least two criminal offenses: obstruction of the holding of elections (Article 215 of the RS Criminal Code) and failure to implement a court decision (Article 239 of the BiH Criminal Code).
This does not exclude the possibility that one can also speak of an attack on the constitutional order of BiH (Article 156 of the Criminal Code of BiH).
"A final decision has direct consequences and any ignoring of these consequences brings serious legal responsibility," Blagojević concluded in a statement to BN television.
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