Rule of Law in Bosnia and Herzegovina – the Transformation of the High Judicial and Prosecutorial Council

Abstract:

In its Analytical Report from 2019 and consequent Report on Bosnia and Herzegovina (BiH) 2020, the European Commission has pointed that judiciary in the country, in general, is barely at an early stage, meaning that it has only some level of preparation for the integration in the European Union. In addition, for many years the level of public trust in the judiciary in BiH has been consistently low and further diminishing the independence of judges and prosecutors. Several studies and research projects only confirm the worrying trends

Although numerous reforms would be both essential and urgent, this Policy Brief focuses on those that take precedence, simply because they can help create the environment or for more demanding structural reforms:-

• Strengthening independence (especially the financial independence of the judiciary).
• Reintroducing ethics and integrity by amending specific aspects and provisions of disciplinary procedures and elaborating ethical codes in order to further develop, clarify and promote the application of highest ethical standards within the judiciary.

• Alternative Source 1