Usvajanje budžeta RS za 2011: pitanje ustavnosti
Adoption of budget of Republika Srpska for 2011: Issue of constitutionality

Summary/Abstract: By giving their consent on establishment of the Indirect Taxation Authority and establishment of the Fiscal Council, both entities have agreed that State interests lay in front of their entities’ interests. However, if we analyze adoption of budget of Republika Srpska for 2011 and the law on enforcement of budget by National Assembly of Republika Srpska, we can note that both, the Government of RS and National Assembly have ignored the regulations of the Law on fiscal Council of BH that regulates the issue of budget adoption at all levels of BH, and therefore at the level of Republica Srpska. Just to remind, the Constitution of BH in Article II, Paragraph 3. Item B stipulates that entities abide by the Constitution, than in the same Article, paragraph 5 Item A stipulates, inter alia, that additional institution can be established needed for performing responsibilities that are to be transferred to the State of BH. Despite these provisions, the fact is that the RS has adopted its budget regardless the provisions laid down by the law on Fiscal Council instead to adopt the decision on temporarily financing until Agreement on Global framework of fiscal balance and policies of BH is reached.

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