The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) in cooperation with the Technical Assistance and Information Exchange Instrument of the European Commission (TAIEX) held today in Sarajevo a Seminar on the European standards in the field of independence and professionalism of the justice sector and the best practices on the role and composition of supreme judicial councils. Experts from European Union Member States participated in this seminar which was organised in the framework the Structured Dialogue on Justice between the European Union and Bosnia and Herzegovina.
In addition to the members of the HJPC BiH, the Seminar was attended by Mr. Pierre Mirel, Director for the Western Balkans in the European Commission Directorate General for Enlargement, representatives of the Venice Commission, experts for judiciary from the EU Member States, representatives of the Delegation of the European Union to Bosnia and Herzegovina/EUSR, members of the Constitutional/Legal Commission of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina as well as experts from the Ministries of Justice of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and Republika Srpska.
In his introduction, Mr. Milorad Novkovic, President of the HJPC BiH, underlined the key role the European Union had in the establishment of a single HJPC BiH, stressing the importance of dialogue with experts from the European Union regarding the continued strengthening of independence, accountability and professionalism of the HJPC BiH and the judiciary of Bosnia and Herzegovina. “Today, in the presence of representatives from the European Union and experts from the European Union – we must all acknowledge that without the clearly stipulated requirements of the European Union from 2003, the HJPC would not exist, nor would our achievements have materialised”, said President Novkovic.
Mr. Mirel said: “Supreme judicial councils must operate in full independence and become the engine that keeps the judiciary working effectively. They guarantee independence and professionalism of the judiciary, including in the widest majority of EU member states. Any change to regulation of Supreme Judicial Councils shall be carefully assessed against one question: does a proposed change alter the necessary balance between the Executive, the Legislative and the Judiciary. And reforms must always be contextualised in the constitutional setting and in the history of the country.”
During the Seminar, it was stressed that the practices of European Union Member States in past years are moving towards depoliticizing the process for the selection of judicial office holders, with the objective of ensuring an independent and professional judiciary.
Representatives from the Venice Commission presented a summary of key findings from the last Opinion of the Venice Commission regarding legal certainty and independence of the judiciary in Bosnia and Herzegovina with focus on the general aspects of the Opinion. Also, standards in the field of independence and professionalism in the justice sector of countries with developed democracies were analysed.
Consideration was also given to practices regarding the role and composition of supreme judicial councils in countries throughout Europe, with special focus on the composition and membership of the HJPC BiH and the judicial and prosecutorial sub-councils, as well as issues concerning representatives from outside of the judiciary, mechanisms for determining disciplinary accountability and other forms of accountability, all in the context of the amendments to the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.
