Legal outwitting between the parties

Sarajevo Aug 13, 1997

Public Hearing at RS Constitutional Court

Pale, 13 August, 1997 (AIM) - Yesterday was the first day of Public Hearing at RS Constitutional Court in Pale. Legal Representative of RS President, Mr. Milan Trbojevic, Solicitor, accompanied with other Law experts, challenged the authority of Constitutional Court in this case.

Any how, they insisted that the right of the President to dismiss the Assembly is based on Constitution, while the Demand of RS Assembly and RS Government to expertise the legality of such RS President's decisions is in opposition to it, because that was an individual act, not common one.

    Dr. Radomir Lukic, Legal Representative RS Assembly and 

RS Government denied all this, giving his point of view, making the citations from the Constitution, but also, mentioning the fax message where Mrs. President was asking Prime Minister and Parliament President for opinion for her decision to dismiss the Assembly.

   Heading Judge asked the parties to tell something about the 

political background of mentioned President's decision.

Mr. Trbojevic paraphrased Mrs. President that activities of the Assembly were blocked, and the decisions were made in outer centers of power, before they have been officially realized in Assembly. Also, it was necessary to stop state crime realized through Ministry of Interior (Police)

On the contrary, Mr. Lukic insisted on the right of Government to challenge the constitutional rights of President's decisions, emphasizing that she misunderstood principles of parliamentarism, and what is more, with decisions regarding the Ministry of Interior, she wanted to take over greater part of executive government. He insisted that there were no reasons at all to dismiss the Assembly, by which decision she opposed several principles (principle of division of government, principle of right of government, principle of minimum rights, etc.).

Public Hearing was finished yesterday in the late afternoon, while The Seven-men Board of Judges started their session at 19:00 hours last night and it was continued this morning. There is no information about the date of verdict pronunciation.(End)