The Law Office Stevanović from Bijeljina has initiated proceedings before the Constitutional Court of Republika Srpska seeking a review of the constitutionality of a provision of the Law on the Chamber of Commerce of Republika Srpska which prescribes mandatory membership for all legal entities registered in the court registry.

The initiative was submitted on behalf of a business owner from Bijeljina and is represented by attorneys Vesna Stevanović, Miloš Stevanović, and Božana Simić. The subject of the initiative is Article 3, paragraph 3 of the Law on the Chamber of Commerce of Republika Srpska, which stipulates that legal entities acquire membership in the Chamber automatically—by virtue of their registration in the court registry, without any separate declaration of intent.

The Core Dispute: Is Compulsory Membership Permissible?

The Law defines the Chamber of Commerce of Republika Srpska as a non-governmental, independent, professional-business, and non-profit public-law association of economic entities. However, at the same time, it prescribes mandatory membership for all newly established legal entities.

The initiative raises a key constitutional question:

Can an economic entity be forcibly enrolled in an organization that, by its nature, is an interest-based association?

Freedom of association, according to constitutional and international standards, includes not only the right to associate, but also the right not to be compelled to join. It is precisely this “negative aspect” of freedom of association that lies at the heart of this initiative.

Property Rights and Parafiscal Burden

Mandatory membership automatically entails the obligation to pay membership fees. Such an obligation bears the characteristics of a parafiscal levy, as legal entities are imposed a financial obligation against their will, with funds paid to an organization that is not a budgetary authority.

The following questions arise:

• - Is there sufficient public interest to justify such an obligation?

• - Is the measure necessary in a democratic society?

• - Are there less restrictive alternatives (voluntary membership, incentives, or a different financing model)?

The initiative specifically emphasizes the protection of property rights under the Constitution of Republika Srpska and Article 1 of Protocol No. 1 to the European Convention on Human Rights. The Chamber has initiated mass lawsuits, thereby creating additional costs for business entities.

Freedom of Enterprise and Prohibition of Monopoly

Furthermore, mandatory membership in a single privileged organization may call into question:

• - The business autonomy of economic entities

• - Pluralism in the organization of economic interests

• - The prohibition of creating a monopolistic position

Under the constitutional principles of a market economy and free entrepreneurship, economic entities have the right to decide independently whether to represent their interests on their own, through other associations, or through a chamber.

European Standards and Case Law

In its initiative, AK Stevanović also invokes the direct application of the European Convention on Human Rights, which, under the Constitution of Bosnia and Herzegovina, has priority over domestic laws.

The European Court of Human Rights has consistently protected the negative aspect of freedom of association, particularly in cases involving interest-based organizations that do not exercise strong regulatory functions.

The nature and function of the Chamber of Commerce of Republika Srpska will be a central issue in these proceedings.

Broader Significance of the Case

This matter goes beyond an individual dispute. It concerns a principled issue involving:

• - The relationship between the state and the economy

• - The limits of legislative intervention

• - The protection of autonomy of will and market freedoms

• - The harmonization of entity legislation with constitutional and international standards

Through this proceeding, the Law Office Stevanović continues to affirm the principles of the rule of law, legal certainty, and constitutionality as foundations of a stable business environment in Republika Srpska.

It is expected that the decision of the Constitutional Court of Republika Srpska will have long-term consequences for the model of economic organization and the financing of the chamber system in Republika Srpska.

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"Standard Prva" LLC Bijeljina is a company registered in Bijeljina at the District Commercial Court in Bijeljina. Company’s activities are accountancy, repurchases of receivables, angel investing and other related services. Distressed debt is a part of the Group within which the company repurchases the receivables, which function and are not returned regularly.

Lawyer’s Office Stevanović is the leading lawyer’s office in the region with the seat in Bijeljina. The LO abbreviation represents Lawyer’s Office of Vesna Stevanović and Lawyer’s Office of Miloš Stevanović.

Contact for media press@advokati-stevanovic.com or via telephone 00 387 55 230 000 or 00387 55 22 4444.