Inclusivity, ownership and constructive dialogue: the only way forward for judiciary reform

Article by Mr. Pierre Mirel, Director for the Western Balkans in the European Commission Directorate General for Enlargement

An independent, efficient and professional judiciary is a fundamental feature in any democratic country upholding the rule of law. In Bosnia and Herzegovina, strengthening the rule of law is a central priority especially in relation to the country’s EU membership perspective. This has already led for example to the launch of the EU-BiH Structured Dialogue on Justice in 2011, among other EU initiatives and assistance. I count on Bosnia and Herzegovina’s politicians, judicial community, civil society and citizens to give it the same importance.

In this context, it’s obvious that any discussion regarding the competences of BiH judicial institutions and authorities must clearly answer whether proposed changes or reforms would strengthen the system of checks and balances needed by the country’s developing democracy.

In the emerging debate about the role of the High Judicial and Prosecutorial Council, we still have to clarify this.

For our part, the EU has stated its full commitment to the integrity and the mandate of the HJPC. We see its work as being of particular relevance to foster the consolidation of independence, accountability, impartiality, professionalism and efficiency in the judiciary.

Political debate is an important and needed element in reform processes. But any temptation for quick fixes, which have the potential to roll back previous reforms rather than improve them, must be avoided.  Debates, opinions and exchange of views are always welcome when they feed the reform process with positive dynamics and generate a genuine exchange of ideas, purely on the most relevant technical aspects.

Therefore, the EU believes that this discussion should primarily take place within the context of the dialogue it holds with Bosnia and Herzegovina and within the context of the country’s EU membership perspective. The Structured Dialogue on the Judiciary was put in place to fulfil that need and it has already achieved significant momentum. The Structured Dialogue has built a platform, primarily for the experts, where shortcomings in the current functioning of the judiciary throughout Bosnia and Herzegovina can be identified in technical terms. It has one year and a half’s work under its belt: three plenary meetings, exchanges of written reports, analyses of laws and procedures, mid-term reviews of progress. Every single step has always served to foster shared domestic agreement on the priorities to be addressed.

So far, the Structured Dialogue has, step by step, generated technical consensus even on the most sensitive areas, like war crimes processing. The credit goes to the representatives of Bosnia and Herzegovina’s judicial institutions and authorities, who have engaged consistently and deepened our understanding of the various problems tabled for discussion.

Let us not forget that all this work is being done in the specific context of Bosnia and Herzegovina, where the harsh legacy of the armed conflict of the 90s has to be taken into account. Over 1300 war crimes cases still need to be addressed throughout the country, a particularly complex and sensitive matter. Similarly, over the next years, ever more attention will have to be paid to combat organized crime and corruption: an independent judiciary will be central to this. So this is not the time for anyone to embark on short-term adventures with the judicial system – only careful, progressive, effective reform is acceptable.

In the coming months, legislators in Bosnia and Herzegovina shall receive other important pieces of legislation that could improve the functioning of the judicial system. The EU will continue to advocate for solutions that end up strengthening judicial institutions throughout Bosnia and Herzegovina, including at the State level. And we intend to ensure that proposed changes to the judiciary do not alter the balance of powers within the country, and do not expose the judiciary to interference from the executive or the legislative branches.

Upholding the rule of law is a long term issue. That’s why the EU is committed to being Bosnia and Herzegovina’s long term partner.

Europa.ba