In accordance with Article V. 2 (a) of the Constitution of Bosnia and Herzegovina, and Article 57 of the Book of Rules and Procedure of the BiH Presidency, the Presidency of Bosnia and Herzegovina, at its 31st regular session, held on 23 January 2013, adopted:
RULES OF PROCEDURE OF THE PRESIDENCY OF BOSNIA AND HERZEGOVINA
CHAPTER I
Article 1
(General provisions)
1. The Presidency of Bosnia and Herzegovina (hereinafter: Presidency) within its jurisdictions works in accordance with the Constitution of Bosnia and Herzegovina, the General Framework Agreement for Peace in Bosnia and Herzegovina and its Annexes, Laws of Bosnia and Herzegovina and this Rules of Procedure.
2. The Presidency is the highest collective body of executive power in BiH, it represents and symbolises the sovereignty of Bosnia and Herzegovina, and its task it to coordinate, that is, to harmonise the work of its institutions and to defend the interests of the entities, which relates to the constituent peoples and all citizens. The jurisdictions of the Presidency are prescribed in the Constitution of BiH:
a) conducting the foreign policy of Bosnia and Herzegovina;
b) appointing ambassadors and other international representatives of BiH, out of which two thirds at the most can be chosen from the territory of the Federation of BiH;
c) representing BiH in international organisations and institutions, and seeking of membership in those international organisations and institutions in which BiH is not a member;
d) leading negotiations for concluding international agreements of BiH, cancelling and, with consent of the Parliamentary Assembly, ratifying such agreements;
e) executing decisions of the Parliamentary Assembly;
f) proposing the annual budget to the Parliamentary Assembly with the recommendation from the Council of Ministers;
g) submitting reports on expenditures of the Presidency to the Parliamentary Assembly at its request, but at least once per year;
h) coordinating, when needed, with international and nongovernmental organisations in BiH;
i) executing other activities which may be needed for fulfilling duties delegated by the Parliamentary Assembly or which are accepted by the entities.
3. The Presidency conducts supreme command and control over the Armed Forces of BiH in accordance with the Constitution of BiH and the Laws. The Presidency passes decisions on these questions by consensus.
4. The Headquarters of the Presidency of Bosnia and Herzegovina is in Sarajevo.
Article 2
(Mandate)
1. The mandate of the members of the Presidency lasts four years.
2. Upon completion of direct elections for the members of the Presidency and until the newly elected members of the Presidency come into office, in accordance with Article 4.1 of this Rules of Procedure, the Presidency members from the former composition fulfil the duties of the Presidency, in the framework of the technical mandate.
3. During the technical mandate, the work of the Presidency members from the former composition is limited to the necessary activities, in accordance with the Constitution, the Law and this Rules of Procedure.
Article 3
(Inaugural session)
1. The Chairperson of the Presidency of Bosnia and Herzegovina from the former composition schedules an inaugural session of the newly elected Presidency, within fifteen (15) days, calculating from the date of the confirmation of the official election results by the Central Election Commission of Bosnia and Herzegovina for the level of the Presidency.
2. The Inaugural Session is scheduled at the headquarters of the Presidency in Sarajevo and is open to public.
Article 4
(Oath of Office)
1. During the inaugural session the newly elected members of the Presidency jointly accept the duty, citing the following solemn oath in the presence of the members from the former composition:
«I hereby swear that I will faithfully perform the given duty, respect the Constitution of Bosnia and Herzegovina, fully execute the General Framework for Peace and its Annexes, protect and improve human rights and basic freedoms, and care for the interests and equality of all peoples and citizens».
2. Each member of the Presidency signs the text of the Oath.
Article 5
(Chairpersonship)
1. Chairing in the new composition of the Presidency of Bosnia and Herzegovina is taken over by default according to rotation of chairpersonship of the previous composition of the Presidency, unless otherwise decided by the members of the Presidency by consensus.
2. The Presidency Chairperson is replaced after eight months, by the principle of rotation of the members of the Presidency, in accordance with the Electoral Law of Bosnia and Herzegovina.
CHAPTER II – REGULATION OF THE PRESIDENCY
Section A - Chairperson
Article 6
(Powers of the Chairperson)
The Presidency Chairperson:
a) represents the Presidency of Bosnia and Herzegovina;
b) participates in the preparation, summons and chairs the session of the Presidency;
c) signs acts created on the basis of the work of the Presidency;
d) represents consistent views of the Presidency on important questions before the public, and before other institutions in Bosnia and Herzegovina and abroad, particularly when three members of the Presidency cannot jointly attend;
e) initiates discussion on questions within the jurisdiction of the Presidency;
f) cares about the application of this Rules of Procedure;
g) is responsible for the application of the principle of transparency of the work of the Presidency;
h) receives letters of credence from diplomatic-consular representatives, after accepting the agrément from the Presidency;
i) fulfils other tasks entrusted to the chairperson, in accordance with this Rules of Procedure;
j) consults two other Presidency members in fulfilment of duties.
Article 7
(Acting Chairperson)
1. In case of temporary absence of the Presidency Chairperson, the Presidency member who is next in line for chairpersonship according to the rule of rotation replaces him/her/her.
2. If the Chairperson is prevented to attend sessions, the next chairperson according to the rule of rotation of the Presidency, according to Paragraph 1 of this Article, fulfils all his/her duties and powers, until the Chairperson is able to continue with work.
Article 8
(Presidency work plan)
1. Two weeks after accepting the duty, the Presidency Chairperson submits the orientation plan of work for the duration of his/her chairpersonship, in accordance with identified priorities for the work of the Presidency, endeavouring to coordinate it with the Program of the work of the Council of Ministers and the Program of the work of the Parliamentary Assembly. The Presidency will strive to adapt the work plan by consensus.
2. The work plan must contain agenda items for the next sessions which the chairperson in the previous mandate already scheduled, as well as any other act of the Presidency for which the Laws of Bosnia and Herzegovina prescribed a deadline.
3. Furthermore, the work plan must contain items initiated by the Chairperson, items initiated by other Presidency members, as well as items initiated by other institutions of Bosnia and Herzegovina and entities.
4. All administrative, technical, expert and other duties during the preparation and adaptation of the work plan for the needs of the Presidency is prepared and elaborated by the Secretary general with the responsible departments of the Secretariat.
Chapter B – Presidency members
Article 9
(Powers of the members in the work of the Presidency)
1. All Presidency members, within the work of the Presidency, are equally responsible for:
a) Contribution to determining the agenda of the Presidency, by providing items which need to be included in the Presidency work plan and in the session agenda;
b) Participation in the work of the Presidency in such a way as to attend sessions, nominate diplomatic-consular and other international representatives, and officials in institutions of Bosnia and Herzegovina, in accordance with the powers of the Presidency, followed by interventions in discussions, whereby they contribute to the decision-making process in accordance to this Rules of Procedure;
c) Presentation and joint, thus collective, representation of the Presidency and its views, before the public and other domestic and foreign institutions;
d) Performing of other duties entrusted to the Presidency members by this Rules of Procedure.
2. All Presidency members fulfil their duties from previous paragraph in accordance with the procedure prescribed for the Presidency activities, and determined by this Rules of Procedure.
Article 10
(Powers of the Presidency members)
1. All Presidency members are also, by the nature of their duties, responsible for:
a) declaring a decision destructive to vital interest of the entity, i.e. for the territory they were elected from;
b) initiating litigations before the Constitutional Court of BiH;
c) fulfilment of other tasks entrusted to Presidency members on the basis of the Laws of Bosnia and Herzegovina.
Article 11
(Presidency member absences)
1. If a Presidency member is temporarily prevented from executing his/her powers, s/he will designate a member of his/her cabinet who will represent him/her/her/her at sessions. In case this is not possible, the chief of cabinet will be standing in for him/her/her/her.
2. The authorised representative can pronounce on behalf of the absent Presidency member, but s/he does not have the right to vote.
Article 12
(Presidency members’ immunity)
All Presidency members, during the time of their fulfilment of duties enjoy immunity in accordance with the Laws of Bosnia and Herzegovina.
Second part – BiH Presidency Members’ Cabinets
Article 13
(Cabinets' role)
The Cabinet of a Presidency member supports the Presidency member politically, expertly and technically, in fulfilment of his/her collective and individual powers.
Article 14
(Cabinet organisation)
1. All Presidency members, according to the needs and own acts organise cabinets. This document is presented for review to other Presidency members and their cabinets by the Secretary general.
2.
All Presidency members can count on equal amount of resources from the Budget for the organisation of their cabinets, which is determined by the Presidency at the beginning of each budget year. The Secretariat, on the basis of instructions received from the Presidency members, undertakes necessary actions for the use of the financial resources.
Article 15
(Chief of Cabinet)
A Chief of Cabinet manages tech cabinet and is responsible to a Presidency member for his/her work.
Article 16
(Employees in the cabinets)
1. Positions in the cabinet are filled by appointing, concluding the employment contract, service contract or on the basis of determined volunteering engagement.
2. For positions in the cabinet, which are filled by concluding the employment or service contracts, compensations are ensured in the budget of the Presidency.
3. All other positions are filled on the basis of determined volunteering engagement.
Article 17
(Employment in the cabinets)
1. Every Presidency member, according to the needs and rules adopted by the Presidency, employs or engages personnel for his/her cabinet.
2. Immediately upon employment or engagement of the cabinet personnel, a Presidency member gives the Secretary general instructions about the conclusion of an employment or service contracts or a confirmation of volunteering work.
CHAPTER III – PRESIDENCY SESSIONS
Part One – Summoning of sessions
Section A – time and location
Article 18
(Dynamics)
1. As a rule, the Presidency holds a regular session once every fortnight.
2. At the day of the holding, and before the beginning of the regular session of the Presidency, members of the Presidency hold mutual consultations.
3. The Presidency also can, depending on the need, meet at an emergency special session, in accordance to Article 23 of this Rules of Procedure.
Article 19
(Location)
1. Regular and urgent sessions of the Presidency are held in Sarajevo, in the premises of the Presidency, unless a decision is passed for the session to be held elsewhere.
2. If a Presidency member cannot physically attend a session, his/her attendance is secured via telecommunication systems.
Section B – regular sessions
Article 20
(Summoning of a regular session)
1. The Chairperson sends a written invitation to the session via the Secretary general to other members of the Presidency, at the latest seven days prior to the holding of the regular session of the Presidency.
2. The session invitation contains the suggested agenda which also contains the time and place of the holding of the session.
Article 21
(Regular session agenda)
1. The preparation of a regular session agenda starts when the Chairperson, via the Secretary general, sends a written invitation to other Presidency members containing the suggested agenda of the session. In defining of the agenda the Chairperson is assisted by the Secretary general.
2. All Presidency members hold the right to add new items to the suggested agenda. These are submitted to the Chairperson in written form, via the Secretary general.
3. Upon receipt of all submitted items, in accordance to Paragraph 2 of this Article, Chairperson without delay draws up a regular session agenda, adding items to the suggested agenda, and informing other Presidency members. The Chairperson decides on the schedule of agenda items.
4. At the beginning of a regular session, each Presidency member can suggest changes to the agenda, limited to the following cases:
a) deleting of items, except obligatory agenda items,
b) adding new items regarding exceptional circumstances.
5. The Presidency decides about each change to the agenda by majority voting. If there are no changes, the Chairperson will state that the agenda is adopted.
6. The obligatory agenda items are those items which have passed the procedure in accordance with the laws and other regulations as well as this Rules of Procedure.
Article 22
(Regular session materials)
1. The materials for the items which are to be discussed during a regular session are submitted, by rule, simultaneously with the presentation of proposals for inclusion of an item to the agenda.
2. After the receipt of the materials, the General Secretary immediately distributes these to the Presidency members. The materials are not available to public, unless otherwise decided by the Presidency.
3. The session materials should include a variant of the general or an individual act in a form acceptable for adoption, in the case of acts passed by the Presidency or in the form of a proposal if the Presidency is the proponent of the act. Act proposals passed by the Presidency need to be explained. The explanation must contain legal foundations (constitutional or statutory) for passing the act in question. The Presidency, through its working bodies, determines the content of the explanation of the act proposal if it is just its proponent.
4. The General Secretary of the Presidency determines that all the materials for the session are composed in accordance with the previous paragraph, and if they are not, s/he seeks the proponent to do so.
Chapter C –emergency special sessions
Article 23
(Summoning of emergency special sessions)
1. The Chairperson summons an emergency special session of the Presidency by submitting an appropriate notification to the other Presidency members through the Secretary general, at least 24 hours in advance.
2. The notification contains the agenda, in which the time and place of the holding of the session are specified.
3. Each member of the Presidency can request the holding of an emergency special session. The Chairperson must summon an emergency special session at the request of a Presidency member.
Article 24
(Emergency special session agenda)
1. The agenda of an emergency special session by rule contain only one item, which is determined and submitted by the Chairperson in written form, and it can contain more than one item in special circumstances.
2. The emergency special session agenda is accepted without voting at the beginning of the session, unless the emergency special session has more items when the voting on the agenda takes place.
Article 25
(Emergency special session materials)
Emergency special session materials are submitted, by rule, simultaneously with the sending of the invitation for the session, or by the start of the session at the latest.
Second part – Session progress
Chapter A – Attendance and session progress
Article 26
(Public relations)
1. The Presidency sessions are not open to public, unless otherwise decided by the Presidency.
2. A press conference is organised after the session, or a press statement is released, unless otherwise decided by the Presidency.
Article 27
(Attendance at sessions)
1. The Secretary general must attend the session until its end. If otherwise decided by the Presidency, s/he can be assisted by his/her cabinet personnel.
2. The sessions are also attended by the Secretary general Deputies, the Head of the Public Relations, i.e. and other heads of departments.Other Secretariat personnel attend the session if the Presidency requests.
3. The cabinet personnel attend sessions if requested by a Presidency member.
4. The Presidency can insist on attendance of certain individuals to sessions with an aim of gaining information or expert opinion. The Presidency can invite guests to attend the sessions as part of the protocol.
Article 28
(Session quorum)
1. The session of the Presidency cannot be held if at least two Presidency members are not physically present.
2. A cabinet member, who represents a Presidency member in accordance with Article 11.1 of this Rules of Procedure, is not taken into account during the quorum determination.
Article 29
(Session progress)
1. The Chairperson opens the session with determining the agenda, in accordance with Article 21.4.
2. After determining the agenda items, the Chairperson presents items and opens discussion in the order of presented items. Each agenda item is discussed before reaching the decision. After the discussion, the Chairperson formulates conclusions according to each item and suggests to the Presidency their adoption. The Secretary general and his/her departments assist the Chairperson.
3. The rapporteur for each item on the agenda of the Presidency session is usually a head of the institution responsible for the agenda item. If the presence of the head, for justifiable reasons, is not possible, a rapporteur may be his/her direct deputy or assistant.
4. If the need arises, the Presidency can, after the end of the discussion and before the adaptation of a conclusion for each item of the agenda, request a break in order to determine the content of the conclusion.
5. If necessary, the Chairperson can procrastinate the session for 48 hours at the longest in relation to the reached agreement.
Chapter B – session documents
Article 30
(Minutes from the session)
1. The session minutes contain data and information on the session held. Overall content of the decisions passed at the session are included in the minutes.
2. The General Secretary of the Presidency is obliged and responsible for the making of the minutes, starting with the determination of the content of the working text to its final form.
3. The content of the session minutes particularly contains the following:
a) date and time of the holding of the session;
b) place of the holding of the session;
c) names and positions of the present;
d) discussed items;
e) voting
f) adopted decisions;
g) a separate opinion of a Presidency member on each agenda item, which is not limited just to indications of violation of the Constitution, Statute or this Rules of Procedure;
4. Working text of the minutes from the Presidency session, including conclusions on each agenda item from the session held, is submitted to the Presidency members, i.e. their cabinets a day after the session is held.
5. The Presidency members, i.e. their cabinets, declare themselves about the working text of the minutes, i.e. about the authenticity and correctness of the content of conclusions and decisions on each session agenda item, a day after the receipt of these.
6. A day after the receipt of the working text of the session’s minutes, unless the content of a decision or a conclusion is disputed – by adding objections to the minutes, it is considered that the content of the reached conclusions and passed decisions is finally determined and its preparation starts. This is signed by the Chairperson, authenticated by the prescribed seal and recorded in the Book of Registry.
7. The adopted minutes of the session held are signed by the Chairperson, and the Secretary general adds his/her initials. The original minutes are kept with the originals of the Presidency session materials in the Presidency archives. The Secretary general submits a copy of the previous session’s minutes to the Presidency members, together with the materials for the next Presidency session, verified by the seal of the Presidency.
Article 31
(Audio recording of the session and its transcript)
1. The audio recording of the session and its transcript are of informative nature only. It is the obligation of the Secretary general to make, keep and archive the audio recording in a digital format, as well as its transcript.
2. The audio recording and the transcript are stored in the Presidency Archive. They are available to public in accordance with the provisions of the BiH Archives Law and the BiH Law on Free Access to Information or another Law.
CHAPTER IV – DOCUMENTS AND ACTIVITIES OF THE PRESIDENCY
First part – Presidency documents
Article 32
(Presidency documents)
1. In the fulfilment of its activities the Presidency adopts the following general and individual acts:
a) decisions related to the competences in the area of foreign policy;
b) decisions in the area of BiH defence;
c) draft laws sent to the Parliamentary Assembly;
d) confirmations of decisions by the Parliamentary Assembly relating to the state symbols;
e) nominations of government officials;
f) appointments of government officials;
g) testimony on signing or signed Memorandum of Understanding between the Entities of Bosnia and Herzegovina;
h) the Presidency’s Rules of Procedure, Rules of Internal Management of the Secretariat and the systematisation of working places, and other rules related to the work and internal management of the Presidency;
i) other acts under its jurisdiction.
2. In the fulfilment of its activities, the Presidency also adopts declarative acts such as:
a) opinions related to its activity as an intermediary within or between BiH institutions;
b) declarations sent to other bodies or public.
c) other acts which the Presidency evaluates appropriate.
3. The Presidency in execution of its powers determines:
a) recommendations for passing laws or other acts which are forwarded to the Council of Ministers of BiH and the Parliamentary Assembly of BiH;
b) proposals of other general and individual acts in execution of its constitutional and statutory powers.
Article 33
(Effectiveness of a document)
1. Official Acts of the Presidency are those which are signed by the Chairperson.
2. The secretary general verifies these with the official Presidency seal.
Article 34
(Publication and notification)
1. Normative acts, in accordance with Article 32 para. 1. a), f), g), h) and if necessary also i), are immediately after signing, without delay and within 24 hours at the latest sent by the Secretary general to the BiH Official Gazette for publication. Acts come into full effect on the eight day of the day of publication, unless otherwise determined.
2. Other normative and declarative acts come into force upon their deliverance to the relevant persons or authorities according to instructions and deadlines received from the Presidency; they are not published in the Official Gazette of BiH, unless otherwise decided by the Presidency.
Second part – activities of the Presidency concerning confirmation of the state symbols
Article 35
(State symbols)
1. After the Parliamentary Assembly passes its decision on them, the Presidency confirms the symbols of Bosnia and Herzegovina.
If the Presidency confirms it by consensus, the Parliamentary Assembly's decision will enter into effect. If there is no such consensus, the Presidency requests the Parliamentary Assembly to re-consider their previous decision on this issue.
Article 36
(Commission for Protection of National Monuments)
1. The Presidency appoints by consensus five members of the Commission for Protection of National Monuments of BiH, established by Annex VIII of the General Framework Agreement for Peace in BiH.
2. Prior to the appointment, three Presidency members can consult the following:
a) departing members of the Commission for Protection of National Monuments;
b) relevant ministers in the Government of Republika Srpska;
c) relevant ministers in the Government of the Federation of Bosnia and Herzegovina and in its internal structures;
d) ministers in the Council of Ministers.
3. The Presidency aims to pass by consensus its decision on the five members of the Commission for Protection of National Monuments. If no such consensus is reached, then the voting method based on clause 4 of article 38 will be applied to each Commission member who is to be appointed.
Third part – activities of the Presidency in relation to the institutions of BiH
Chapter A – activities related to the Parliamentary Assembly
Article 37
(Relations with the Parliamentary Assembly)
Relations between the Presidency and the Parliamentary Assembly of BiH are defined by the Constitution, BiH laws, rule books of the House of Representatives and the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, as well as by this Rules of Procedure respectively.
Article 38
(Appointment of the Council of Ministers' chairperson)
1. Within the set deadline and in cases defined by the Constitution and the laws of Bosnia and Herzegovina, the Presidency submits a name of the Council of Ministers' chairperson for confirmation to the House Representatives of the Parliamentary Assembly of Bosnia and Herzegovina.
2. Before it decides on the appointment, the Presidency can start consultations with:
a) the chairperson and deputies of the chairperson of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina (PABiH);
b) representatives of political parties that participate in the PABiH, starting with the political party with highest number of representatives, as well as with eventual coalition partners who participate in the PABIH House of Representatives, or with a group of parliamentary representatives who present evidence that they have got a parliamentary majority.
3. Following the consultations, the chairperson convenes an emergency special session with only one item in its agenda: voting on appointment of the Council of Ministers' chairperson. The Presidency may continue the appointment-related procedure as long as all requirements envisaged by the Laws of BiH are met. After these legal requirements are met, a suggestion on the appointment is forwarded to the PABiH House of Representatives' Commission for Preparation of the Council of Ministers' appointment.
4. In the course of the appointment-related procedure, each Presidency member can suggest one name respectively. The Presidency aims to pass by consensus its decision on appointment of the Council of Ministers' chairperson. However, if it does not reach such consensus, then two Presidency members can still appoint the chairperson.
Secretary General submits the name of the Council of Ministers' chairperson to the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for approval. Three Presidency members participate in the House of Representatives' session at which such appointment is deliberated upon.
If the House does not accept the name, or if it does not confirm the Presidency's decision on appointment of the Council of Ministers' chairperson, the Presidency appoints another Council of Ministers' chairperson within eight (8) days.
Article 39
(Dissolving the House of Peoples)
1. The Presidency can dissolve the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, including in such cases when a parliamentary majority changes.
a) at Peoples' Assembly of the Republika Srpska;
b) at Bosniak Club of the House of Peoples within the Parliament of the Federation of Bosnia and Herzegovina;
c) At Croatian Club of the House of Peoples within the Parliament of the Federation of Bosnia and Herzegovina;
2. Prior to dissolution of the House of Peoples within the Parliamentary Assembly of Bosnia and Herzegovina, three Presidency members can initiate seven-day consultations with:
a) chairperson and deputies of the chairperson of the House of Peoples within the Parliamentary Assembly of Bosnia and Herzegovina together;
b) chairperson and deputies of the chairperson of the Peoples' Assembly of Republika Srpska;
c) presidents of clubs of representatives at the Peoples' Assembly of Republika Srpska, starting with the most senior;
d) chairperson and deputies of the chairperson of the House of Peoples within the Parliament of the Federation of Bosnia and Herzegovina;
e) representatives of the Bosniak and Croatian clubs within the House of Peoples of the Federation of Bosnia and Herzegovina, starting with the most senior.
3. After the consultations, and in any case not later than 7 days from their starting date, the chairperson convenes an emergency special session. The agenda of the emergency special session contains only one item: a decision on dissolution of the House of Peoples within the Parliamentary Assembly of Bosnia and Herzegovina.
4. The Presidency aims to reach by consensus its decision to dissolve the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina. However, if there is no consensus reached, two Presidency members can still dissolve the House.
Article 40
(Draft of the BiH institutions' annual budget)
1. Upon a recommendation of the Council of Ministers, the Presidency submits to the Parliamentary Assembly of BiH its draft of BiH institutions' budget and of BiH institutions' international obligations.
2. Prior to submission of its draft, the Presidency can conduct consultations with the Council of Ministers' chairperson and minister of finance and treasury of the institutions of Bosnia and Herzegovina, as well as with prime ministers and ministers of finance of the entities and of the District of Brčko.
3. Following the consultations and in any case no longer than seven days from their starting date, the chairperson convenes an emergency special session, whose agenda contains only one item: passing decision on the Draft law on BiH institutions’ budget and on BiH institutions' international obligations.
4. The Presidency aims to pass by consensus its decision on the Draft law on BiH institutions' budget and international obligations. If no consensus is reached though, then two Presidency members can still pass such a draft.
Chapter – activities related to the Council of Ministers
Article 41
(Relations to the Council of Ministers)
Relations between the Presidency and the Council of Ministers of BiH are defined by the Constitution of BiH, BiH laws and by this Rules of Procedure.
Article 42
(Decisions related to the area of foreign affairs)
1. The Presidency aims to reach by consensus its decisions related to:
a) conducting foreign policy;
b) appointing ambassadors and other international representatives of Bosnia and Herzegovina;
c) representing Bosnia and Herzegovina in international and European organisations and institutions, or any request for membership in such organisations;
d) negotiating, cancelling and ratifying agreements of Bosnia and Herzegovina;
e) implementing decisions of the Parliamentary Assembly.
2. In case that there is no consensus reached at first session where a decision concerned is deliberated upon, the chairperson includes this issue in the next session's agenda as a mandatory one. If no consensus is reached again, then two Presidency members still adopt the decision, which enters into effect 72 hours after the completion of the session where it was passed and unless a declaration from clause 3 of this article is filed.
3. Within a 72-hour deadline from the end of the session at which a decision from the previous clause is adopted, a Presidency member who does not agree with it can declare it destructive to vital entity interest, i.e. destructive in relation to the territory at which that member was elected. Such declaration is submitted in writing to Secretary General, who distributes it straight away to other Presidency members and forwards it to the entity body concerned. The following entity bodies are authorised for this:
a) the Peoples' Assembly of Republika Srpska, if the Presidency member from Republika Srpska passes a declaration;
b) the Bosniak Club of the House of Peoples within the Federation of Bosnia and Herzegovina, if the Bosniak Presidency member passes a declaration;
c) the Croatian Club of the House of Peoples of the Federation of Bosnia and Herzegovina, if the Croatian Presidency member passes a declaration.
4. Secretary General establishes contacts with the entity body concerned, so that the Presidency members participate in the session convened with the intention to deliberate on the declaration. During the session, the Presidency member presents to the entity body his/her reasons for or against the declaration that was submitted to it. If a two-third majority included in the entity body concerned confirms the declaration received within a 240-hour deadline from the time of submission, then the Presidency's decision concerned does not enter into effect.
Article 43
(Implementation of duties transferred by the Parliamentary Assembly)
1. The Presidency carries out other duties that are transferred to it by the Parliamentary Assembly of Bosnia and Herzegovina.
2. In the course of carrying out such duties, the Presidency decides by consensus. In case of deciding on appointments, the voting method from clause 4 of article 38 will be applied if there is no consensus reached.
Chapter C – BiH Presidency advisor for military matters
Article 44
Head of Joint Headquarters of Armed Forces of Bosnia and Herzegovina (AFBiH) is, by function, BiH Presidency's advisor for military issues.
Chapter D – activities related to the Constitutional Court of Bosnia and Herzegovina
Article 45
(Relations with the Constitutional Court of Bosnia and Herzegovina)
Relations between the Presidency and the Constitutional Court of BiH are defined by the Constitution of BiH and BiH laws.
Article 46
(Joint submission of claims to the Constitutional Court)
1. Presidency members can decide unanimously to carry out jointly their entitlements regarding submission of claims to the Constitutional Court of Bosnia and Herzegovina.
2. With reference to clause 1, the chairperson is formally entitled to submit claims to the Constitutional Court of Bosnia and Herzegovina.
Article 47
Each Presidency member can initiate litigation before the Constitutional Court of BiH.
Chapter E – activities related to the Central Bank of BiH
Article 48
(Relations with the Central Bank of BiH)
Relations between the Presidency and the Central Bank of BiH are defined by the Constitution of BiH, BiH laws and the provisions of this Rules of Procedure.
Article 49
(Appointment of the Central Bank's Steering Board)
1. The Presidency appoints the Central Bank's Steering Board members by consensus.
2. Prior to such appointment, the Presidency can initiate consultations with:
a) departing Governor of the Central Bank of Bosnia and Herzegovina;
b) departing Central Bank's Steering Board members, starting with oldest one;
c) chairperson of the Council of Ministers of Bosnia and Herzegovina;
d) minister of finance and treasury of the institutions of Bosnia and Herzegovina;
e) prime minister of the Republika Srpska and prime minister of the Federation of Bosnia and Herzegovina, starting with older one.
Fourth part – activities related to the entities
Article 50
(Inter-entity coordination)
1. In order to ensure inter-entity coordination on issues that do not fall within the competence of the state of Bosnia and Herzegovina, the Presidency can invite the entities to participate in a conference. Such conference can result in signing of a Memorandum of Understanding.
2. Chairperson of the Presidency chairs such conference on cooperation, while other two Presidency members co-chair it, in the presence of:
a) relevant entity officials, appointed by their respective governments,
b) relevant officials of the institutions of Bosnia and Herzegovina, appointed by the Council of Ministers,
c) relevant officials of international institutions and diplomatic missions, who participate in the capacity of consultants.
Article 51
(Memorandum of Understanding)
1. Based on the conclusions reached, or on the Memorandum of Understanding, the conference may result with the obligation of the entities and their internal departments to undertake parallel activities or to establish institutions which will be tasked to carry out such activities on their behalf.
2. The chairperson witnesses about the content of the Memorandum by signing it, while it is signed by the authorised representatives of the entities.
Fifth part – activities of the Presidency related to internal rules
Article 52
(Internal rules)
The Presidency suggests and adopts by consensus its: Rules of Procedure, Rule book on internal organisation and systematization of posts at the Secretariat, as well as any other internal rule books or their changes.
Article 53
(Procedural decisions)
Until it adopts the final act, the Presidency adopts all its internal decisions by simple majority, if it is not envisaged otherwise by this Rules of Procedure.
Article 54
(Report on expenditures)
1. Upon completion of each budgetary year, in accordance with the law, or when requested, the Presidency presents its report on expenditures to the Parliamentary Assembly.
2. The secretary general is responsible of preparing this report. The Presidency aims to adopt the report by consensus and, should this not be possible, by simple majority.
CHAPTER V
Structures providing support to the Presidency's work
Article 55
(Secretariat of the Presidency)
1. The Secretariat is an administrative, technical and expert service of the Presidency, which provides support and ensures smooth and efficient implementation of tasks and activities of the Presidency members and of their cabinets, through lawful, transparent, economic, public and impartial performance of jobs and tasks that fall within the competences of the Secretariat.
2. The Secretariat carries out expert, administrative, technical, organisational, financial, informative, and all other tasks envisaged by this Rules of Procedure, or upon instructions issued by the Presidency members during their individual or collective performance of duties, as well as upon instructions issued by heads of their cabinets in order to ensure smooth functioning of the Presidency.
3. The Secretariat is managed by the secretary general, who provides operational management and coordination over the Secretariat's work, and, while doing so, is obliged to follow instructions issued by the Presidency members, and report for his/her work to the Presidency members.
4. The secretary general has two deputies. The secretary general and his/her deputies cannot belong to the same constitutive peoples. It is by consensus that the Presidency appoints and releases from duty both the secretary general and his/her deputies.
5. The secretary general and his/her deputies are appointed for the period of four (4) years.
6. Organisation, area of responsibility and all other issues that are of concern to the Secretariat of the Presidency, and that are not regulated by this Rules of Procedure, will be defined by the Rule book on internal organisation of the Secretariat. The Presidency adopts by consensus both the Rule book on internal organisation of the Secretariat and the plan of systematization of posts.
Article 56
(Organisation of the Secretariat)
1. Within the Secretariat there is a cabinet of the secretary general and his/her deputies, as well as six (6) basic organisational units (departments):
a) the cabinet of the secretary general (in further text: the Cabinet) and his/her deputies, including the Department for Sessions of the Presidency.
b) There are basic organisational units – departments organized within the Secretariat:
1. Department for Normative and Legal Affairs;
2. Department for General and Joint Affairs;
3. Department for Economic and Financial Affairs;
4. Department for Public Procurement and Logistics;
5. Department for Protocol, and
6. Department for Public Relations.
2. The Presidency, upon suggestion of one or more Presidency members, adopts by consensus the Rule Book on Internal Organisation of the Secretariat and the Plan of Systematization of Posts within the Secretariat, while defining the organisation, scope of activities and all other issues that are not defined by this Rules of Procedure.
Article 57
(Secretary General)
1. Secretary general provides operational management, manages the work of the Secretariat and coordinates the work with departments as its basic organisational units, takes care of preparation of the Presidency's sessions, which implies distributing agenda, recording discussions, and drafting minutes. He provides direct management over Department for Sessions of the Presidency, and coordinates, together with his/her two deputies, other departments in the Secretariat. He is responsible for using financial, material and human resources within the Secretariat. It is the responsibility of secretary general to follow instructions issued by the Presidency members, and he is responsible of his/her work to the Presidency members in accordance with the Presidency's Rules of Procedure.
2. In managing the work of the Secretariat, the secretary general follows his/her entitlements that are set out in the Law on Administration (“The Official Gazette of BiH“ no. 32/02 and 102/09), as well as in other laws of Bosnia and Herzegovina, and in the Presidency's Rules of Procedure.
3. In case of his/her longer absence, the secretary general can delegate in writing his/her entitlements related to management over the Secretariat to one of his/her deputies to the period not longer than three months, with prior agreement of the Presidency members.
4. Secretary general and his/her two deputies are appointed and released from duty by the Presidency by consensus. The mandate of the secretary general and his/her deputies is four (4) years.
Article 58
(Deputies of the Secretary General)
1. Deputies provide assistance to secretary general in his/her work, coordinate the work of departments within the Secretariat, distribute tasks and assignments to the departments in cooperation with the secretary general, and act as replacement to the secretary general in cases of his/her absence, provided that he issues a written authorization on such replacement, in addition to a prior approval issued by the Presidency members, for the period that is not longer than three months.
2. Deputies of the secretary general are responsible for their work to the secretary general and to the Presidency members.
Article 59
(The Secretariat's staff and appointments to the Secretariat)
1. Posts within the Secretariat are filled in accordance with the Law on BiH Civil Service („The Official Gazette of BiH“, no. 19/02, 35/03, 4/04, 26/04, 37/04, 48/05, 2/06, 32/07, 43/09 and 8/10), Law on Labour in BiH Institutions („The Official Gazette of BiH“, no. 26/04, 7/05 and 48/05), or on the basis of employment contracts, piece work agreements or contracts on voluntary engagement, provided that there is a prior approval issued by the Presidency members.
2. The state agency concerned will conduct complete security checks for all employees and hired staff, as well as for all future candidates who can work at the Presidency's Secretariat.
3. The staff of the Secretariat consists of senior state civil servants, civil servants without senior status and employees.
4. Secretary general and his/her deputies are appointed individuals, who get appointed in accordance with the provisions of the Law on Appointments of Ministers, Appointments at the Council of Ministers, and Other Appointments (“The Official Gazette of BiH“ no. 7/03) for the mandate of four (4) years.
5. The Presidency can release from duty by consensus the secretary general and his/her deputies if they do not follow provisions of the law and/or the guidelines provided by the Presidency, or if they cease to meet the legal requirements envisaged for their posts. Release from duty does not mean exemption from criminal proceedings, or from personal responsibility to provide compensation for damage - if such responsibilities exist. In regards to the procedure on release from duty of secretary general and his/her deputies, as well as the kind of decisions applied, and eventual dismissal, the provisions of the Law on dismissal from administrative service and on dismissal of senior civil servants will be applied.
6. Heads of departments organize and manage directly the work of the departments concerned and they are responsible for their work to the secretary general. Their appointment and release from duty is done in accordance with the Law on Civil Service in the Institutions of Bosnia and Herzegovina. Heads of departments at the Presidency are senior state civil servants who are authorised to manage basic organisational units.
7. The Presidency appoints and releases from duty the secretary general and his/her deputies, and provides agreement for appointment of other state civil servants at positions of heads of departments, unless when this is regulated differently by the law. These appointments, dismissals and provision of agreements are done by consensus of all three Presidency members.
8. Secretary general creates contracts on labour with staff who are not encompassed by the status of state civil servants, provided that there is a prior agreement of all Presidency members' cabinets.
9. Staff of the Secretariat gets employed and promoted on the basis of their professional merits and specific achievements, and following the approval of the Presidency members, provided that the composition of employed state civil servants, as well as employees, generally reflects the national structure of BiH population according to the last census, by means of engaging, in the total number of the employed, at least 25% members of each constitutive peoples.
Article 60
(Other entitlements of the Secretariat)
1. The selection of entitled persons employed at the Secretariat to present and represent the Presidency to other bodies and institutions of BiH is done in consultation and with written approval of all three Presidency members' cabinets.
2. Using annual leave and absence from work by the employees of the Secretariat is carried out exclusively in accordance with the planned needs and activities of the Presidency members.
Article 61
(Circulation and distribution of documents)
- All official correspondence, documents, official letters from state and international institutions from all levels must be distributed to the Presidency members' cabinets without delay, on the same working day when receipt of such documents is acknowledged.
- All decisions, official correspondence and documents passed by the Presidency, without delay, and within 24 hours latest after the chairperson of the Presidency signs them, must be distributed to competent institutions concerned.
Article 62
(Performance evaluation of state civil servants at the Secretariat)
- Secretary general carries out performance evaluation for heads of departments, with prior written opinion obtained from all Presidency members' cabinets. Heads of departments carry out performance evaluation of other state civil servants and employees within the Secretariat, with the confirmation of the Presidency. Secretary general evaluates performance of employees within the Secretariat upon suggestions provided by heads of departments, with prior written opinion provided by all Presidency members' cabinets.
- Performance evaluation of state civil servants is done every six months, and of employees every year.
- Secretary general must submit a written report on the work of the Secretariat every three months.
CHAPTER VI – interim and final provisions
Article 63
1. It is on the date of entry into effect of this Rules of Procedure that the Rules of Procedure of BiH Presidency (The Official Gazette of BiH, no. 25/01 and 35/02) ceases to be valid.
Article 64
(Entry into effect)
This Rules of Procedure comes into effect on the eighth day from the day of its publication in the Official Gazette of Bosnia and Herzegovina.
Chairperson of BiH Presidency