The first meeting of the SAA Structured Dialogue on Justice between the European Union and Bosnia and Herzegovina was held in Banja Luka on June 6-7. The kick off session was opened by the Commissioner for Enlargement and European Neighborhood Policy Štefan Füle. The Commissioner handed in to the BiH Minister of Justice Bariša Čolak a document with a set of information requests and he clarified that the process requires consistent commitment by all involved stakeholders. At the same time, political leaders shall be ready to guarantee proper legislative and institutional follow up in a timely fashion; once technical solutions to current shortcomings are identified, “they shall attract the necessary political consensus and be promptly translated into adequate reforms,” explained commissioner Füle.
The Structured Dialogue on Justice with BiH is carried out in the framework of the Stabilisation and Association Process. It represents one of the EU mechanisms for the revision of legislation and functioning of the institutions in the candidate and potential candidate countries. The main objective of the dialogue is to achieve long term and therefore sustainable achievements towards the full alignment of the Bosnian judicial system to European and international standards.
The plan for the launch of a structured dialogue was initially handed in by High Representative/Vice President Catherine Ashton, who announced the process on May 13 as a commitment of the EU to engage in a long term exercise for the revision of the judiciary. The dialogue is part of the broader EU commitment to support the European integration of Bosnia and Herzegovina.
On June 7, the technical debate has covered, among others issues: judiciary reforms (including the implementation of both the BiH Justice Sector Reform Strategy and the National War Crime Strategy), as well as functioning of Judiciary Institutions at State, Entity, Brcko District and Cantonal levels. This last point has allowed a preliminary assessment of both legal framework and coordination of competences.
In conclusion of the first technical debate, the European Commission has issued a series of preliminary recommendations. A second meeting of the dialogue has been tentatively scheduled for the next autumn after having received from BiH the requested data, statistics and legislative details of the judiciary.
Both sides confirmed that the meeting was held in a spirit of mutual understanding and commended the readiness of all involved domestic authorities and institutions to cooperate and engage constructively in this long term process. All participants shared the idea that there is no alternative to addressing complex and sensitive issues related to the justice sector in a structured and technical dialogue. Commissioner Füle remarked that the final beneficiaries of this endeavor “will be the citizens of Bosnia and Herzegovina. They shall be guaranteed a system free from any discrimination, where justice can be obtained through efficient means and transparent procedures, and where their fundamental rights are constantly guaranteed and protected.“
