The SNSD’s petition to annul the BiH CEC’s order of October 10, 2022 rejected

Sarajevo, 01.11.2022– Alliance of independent social democrats – SNSD has filed a petition for assessment of legality of the BiH CEC’s order of October 10, 2022 related to opening of bags and control ex-officio recount of ballots from all regular polling stations for the president and vice presidents of Republika Srpska, suggesting suspension of disputed document’s enforcement.

The Court of BiH has today, November 1, 2022, rendered a decision rejecting SNSD’s petition to annul the BiH CEC’s order of October 10, 2022.

In its decision the Court of BiH inter alia states: “Assessing the merits of the complaint about the illegality of the order in question, this panel first of all considered and had in mind the powers of the Central Election Commission of BiH in their totality, therefore, not only individual provisions, but the goal and meaning of the Election Law of BiH and implementing regulations. It should be borne in mind that the Election Law of Bosnia and Herzegovina and the by-laws did not even regulate this kind of situation which was the reason for the adoption of the disputed act, so in such a state of affairs it is necessary to consider the action undertaken in the totality of the powers of the Central Election Commission of Bosnia and Herzegovina, primarily the responsibility of this commission for the entire electoral process. The action taken to issue the order in the above-mentioned circumstances is entirely in the function of fulfilling the basic task of the Central Election Commission of Bosnia and Herzegovina, to determine and to publish accurate and complete election results.

We would like to note that the Court of Bosnia and Herzegovina on had on October 26, 2022 issued a Decision rejecting SNSD's request to postpone the execution of the Order of the Central Election Commission of Bosnia and Herzegovina of October 10, 2022.