Academic community on the Draft of the Republic of Srpska Constitution

An Academic community of the University of Banja Luka (UNIBL) held an expert discussion about the Draft of the Republic of Srpska Constitution on 10 April 2025. 

Participants in the discussion held at the Faculty of Political Sciences presented their positions, proposals and comments, aiming at improvement of this document, which is very important for the future of the Republic of Srpska. 

The Rector of the University of Banja Luka, Prof. Radoslav Gajanin, PhD, said that the process of creating a new Constitution of the Republic of Srpska is one of the most important topics for the future of the society and the Republic of Srpska itself, and stressed the significance of involving the Academic community in this process. 

“Higher Education Institutions have a task to analyze experiences from other countries and identify the best practices in the constitutional design, and to offer scientifically sound solutions for complex issues our society is faced with”, said Gajanin. 

According to his words, universities are a bridge between theory and practice, and as such they should be a platform to attract politicians, lawyers, economists, politicologists, representatives of civil society and other relevant actors, aiming to jointly develop a Constitution that will answer the needs of all the citizens. 

“Academic institutions have a key role in the process of creating and developing a new Constitution, functioning as a neutral expert forum that secures scientific basis, inclusion and a long-term sustainability of Constitutional solutions”, pointed Gajanin. 

Rector also said that “law faculties and research centers give their contribution to comparative studying of successful models and discussing proposals adjusted to our local context, through critical analysis of existing norms. He also pointed out that “the Academic community should serve as a bridge between the authorities, citizens and international actors, by organizing public debates, education on constitutional principles and providing expertise.” 

The Minister for Scientific Technological Development and Higher Education of the Republic of Srpska, Associate Professor Željko Budimir, PhD, said the time has come for a new Constitution, primarily due to many interventions in the original text, and calling a referendum on this issue is also an option. 

“We can say this is a continuity of constitutional practice. Considering all the interventions and changes in the Constitution, it is time to have one general, public, technical and academic discussion, so that we know what to do with the most important legal and political act”, said Budimir. 

He pointed out that it is important for the technical experts and academic public to participate in the discussion, and emphasized that the “Draft Constitution goes through all the necessary procedures”. 

“We are not hiding anything, and our intentions are very clear. We want a Constitution that is harmonized with the Constitution of Bosnia and Herzegovina, i.e. Annex 4 of the Dayton Agreement”, said minister Budimir. 

The Dean of the Faculty of Political Science of the University of Banja Luka, Prof. Ranka Perić Romić, PhD, said that “there were no reasons to elevate any tensions due to the new Constitution of the Republic of Srpska, as it was essentially going back to what was originally written in the Constitution, which was harmonized with the Constitution of BiH.” 

Prof. Perić Romić said that the RS Constitution was brought in 1992 and it has undergone over 80 interventions by High Representatives thus far, who did not have the authority to intervene that way. 

“It is completely natural, and it is a legal obligation of any country to deal with its constitutional issues”, she said. 

The Dean of the Faculty of Law, Prof. Zoran Vasiljević, PhD, said that the Constitution of the Republic of Srpska represents its ID card, as it contains all its most important characteristics and an organization of its most important legal institutes that are further defined in more detail by other, lower, legal acts. 

“The Constitution of the Republic of Srpska should contain regulations that are precise enough, comprehensive, but first and foremost – an expression of the will of citizens on the territory that the Constitution refers to, which is manifested through their representatives who have been legally and legitimately elected”, said Prof. Vasiljević. 

He pointed out that each public or expert discussion should contribute to a higher level of fulfillment of these standards, expressing his expectation that the Academic community will take part in it. 

Professor of Constitutional Law, Mile Dmičić, PhD, said that “all nations have the right to self-determination” and stressed that this “right is based on the freedom of determining one’s political status, as well as economic, social and cultural development.” 

“Starting exactly from there, the new Constitution of the Republic of Srpska represents a continuity, but it vigorously expresses a determination for establishing even firmer base for the most elite part of constitutional texts” said Prof. Dmičić and added that the new Constitution expresses a determination for the constitutional, legal, and political system and order, for necessarily needed emphasized identity and subjectivity of the Republic of Srpska, its statehood ness and position within the Bosnia and Herzegovina, but also the position of the statehood part, which, in a complex state, must have the basic, source Dayton status. 

The Public Defender of the Republic of Srpska, Associate Professor Milimir Govedarica, PhD, said that the final discussion on the draft of the new Constitution of the Republic of Srpska will be held next week in the Cultural Center “Banski dvor” in Banja Luka. 

The Vice-Rectors of the University: Prof. Milica Balaban, PhD; Prof. Aleksandar Ostojić, PhD; Prof. Dalibor Kesić, PhD; Secretary General of the University, M.Sc. Đorđe Markez, Assistant Minister for Higher Education, Jelena Starčević, and others, were present at the event. 

Just as a reminder, the Republic of Srpska National Assembly adopted the Draft of the Constitution on 13 March this year, and sent it to the public discussion procedure for 30 days. 

Photo: D. Desnica