Constitutional Court of RS Rules Dodik Referendum Does Not Threaten Vital Interests of Bosniaks

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The Constitutional Court of Republika Srpska (RS) has ruled that the planned referendum concerning the ruling against Millorad Dodik and the removal of his mandate as RS president does not endanger the vital national interests of the Bosniak people.

The decision addresses a request submitted by Bosniak representatives in the Council of Peoples of the RS. The court concluded that concerns raised by the Bosniak Club of Delegates—regarding potential consequences of the referendum and possible discrimination—are not legally relevant to the question of violating the vital national interest.

The RS National Assembly approved the referendum on August 22, following the final ruling of the Court of Bosnia and Herzegovina and the decision of the Central Election Commission to revoke Dodik’s mandate. Dodik’s mandate was officially removed in mid-August after the Court of Bosnia and Herzegovina sentenced him to one year in prison for failing to comply with the High Representative’s decisions (a sentence he served via payment) and six years of prohibition from holding public office.

The referendum is scheduled for October 25, 2025. Under the Bosnian constitution, entities cannot unilaterally hold referendums on decisions made by state-level institutions. Lower-level authorities may legally hold referendums only on issues within their competencies, not on state-level matters.

The August 22 decision also included amendments to the RS Law on Referendums and Citizens’ Initiatives, allowing the National Assembly to establish special commissions to conduct referendums.

On August 29, the Bosniak Club in the Council of Peoples initiated a procedure to protect national interests regarding this referendum. They also opposed amendments enabling a parliament-appointed ad hoc commission to conduct the referendum.

Following deliberations, the Council of Peoples of Republika Srpska did not approve the Bosniak Club’s veto, and the referendum decision was ultimately upheld by the Constitutional Court of RS.