Nacrt prijedloga Zakona o državljanstvu Republike Srpske i njegova usklađenost s Ustavom BiH i Zakonom o državljanstvu Bosne i Hercegovine
Draft Proposal of the Law on Citizenship of Republika Srpska and its Compatibility with the Constitution of BiH and the Law on Citizenship of Bosnia and Herzegovina

Author(s): Frane Staničić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, Policy, planning, forecast and speculation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; BiH; RS; Law on Citizenship; draft law; evaluation; differences; citizenship change;
Summary/Abstract: This paper analyzes the Law on Citizenship of RS and the Law was compared with the current Law on Citizenship of B&H. It was found, without any doubt, that the Law on Citizenship of RS includes certain deviations from the Law on Citizenship of B&H. Some of these deviations are probably a result of certain terminological differences, but some of them are a result of a clear and conscious deviation from the Law on Citizenship of B&H. Since the Law on Citizenship of B&H in the Art. 1 paragraph 2 provides that the law governing the matter of entity citizenship must be in accordance with its provisions, it is clear that all deviations mentioned and analyzed in this paper must be removed. Particularly interesting is direct opposition of the provision 4 of the Law on Citizenship of RS with Art. II, item 4 of the Constitution of B&H. The paper identifies certain disagreements with the Law on Citizenship of B&H. Those disagreements are assessed as positive and should be considered in the light of amendments to the Law on Citizenship of B&H. This applies particularly to the possibility of canceling the decision on revocation if the person who lost the citizenship of Bosnia and Herzegovina by revocation fails to acquire foreign citizenship. Law on citizenship of RS lacks in provisions on the system of supervision of the application of the law, so the text of the Law should be amended in this regard.

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