Regional TAIEX Conference “Sharing Experiences on the Reduction of Case Backlogs”

The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) in cooperation with the Technical Assistance and Information Exchange Instrument (TAIEX) of the European Commission held Regional conference on “Sharing Experiences on the Reduction of Case Backlogs” on 13 and 14 November 2012 in Sarajevo.

The objective of the Conference was to address unresolved court cases and exchange positive experiences on resolution of these cases amongst all stakeholders which is one of the recommendations of the second meeting of the Structured Dialogue on the Judiciary between the European Union and Bosnia and Herzegovina that was held on 10 and 11 November  2011.

In his introduction, Mr. Milorad Novkovic, President of the HJPC BiH stressed that – “the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, as the state institution with competences for ensuring the independence of the judiciary, is continuously working towards improving efficiency regarding procedures for case resolution, as well as towards improving the quality of performance of the courts in Bosnia and Herzegovina. This is done through the implementation of recommendations and standards of the European Union within the Structured Dialogue, on one hand, and the European Commission for the Efficiency of Justice (CEPEJ) on the other, as well as through the implementation of the Project “Improving Judicial Efficiency” which is financed by the European Union, Norway and Sweden with its main objective being the reduction of unresolved cases in the courts in Bosnia and Herzegovina.”                

Mrs. Una Kelly, Senior Program Manager for the Justice Sector of the Delegation of the European Union to BiH emphasized: “The backlog challenges faced are not insignificant, but need to be addressed for EU membership from the judicial reform perspective and equally the human rights viewpoint to ensure citizens of this region the right to a fair trial within a reasonable time.”

In addition to President Novkovic and Mrs. Kelly, welcome remarks were also given by Mr. Amir Jaganjac, President of the Supreme Court of the Federation of Bosnia and Herzegovina and Mr. Zelimir Baric, President of the Supreme Court of Republika Srpska, who both underlined the importance of discussions and sharing experiences on this major issue for the BiH judiciary.         

During the working part of the Conference, participants had the opportunity to hear more regarding the experiences and results achieved in reducing backlogs in Bosnia and Herzegovina, countries in the region as well as in the EU member states. Presentations were given by Mr. Mladen Jurisic, President of the Cantonal Court in Mostar, Mr. Damjan Kaurinovic, President of the Appellate Court of the Brcko District BiH, Mrs. Veronika Bayer, judge and representative of the Federal Ministry of Justice of Austria, Mr. Vojkan Simic, Assistant to the Minster with the Ministry of Justice of Republika Srpska, Mr. Nikola Vojnovic, representative of USAID’s Separation of Powers Program in Serbia, Mrs. Slavica Zherajikj, Advisor for the Courts and Mr. Artan Rahovica, National Advisor with the Ministry of Justice of the Former Yugoslav Republic of Macedonia, Mrs. Ivana Hrdlickova, judge and representative of the Ministry of Justice of the Czech Republic, Mrs. Natasa Radonjic and Mrs. Tatjana Radovic, Advisors with the Ministry of Justice and Human Rights of Montenegro and Mrs. Vanja Bilic, Assistant to the Minister of the Ministry of Justice of the Republic of Croatia.

The following conclusions were adopted at the of the Conference:        
Conclusions for reducing the number of civil cases: 

1. Activities should be undertaken towards the universal unification of the general principles of the Civil Procedure Code. 
2. We propose the introduction of mandatory mediation as a procedural phase for certain types of civil cases. 
3. The responsibilities of all participants to proceedings need to be detailed and regulated with reference to procedure duration.             
4. Offer incentives for the peaceful reconciliation of disputes through system changes and at the same time provide disincentives for protracted civil procedures.               
5. Support amendments to the Civil Procedure Code in order to allow for the option to seek legal opinions from the Supreme Court for cases with same or similar legal and factual bases. 

Conclusions for reducing the number of enforcement cases: 

1. Pass amendments to the Law on Enforcement Procedure in order to transfer enforcement procedures from the courts. 
2. Transfer probate proceedings and uncontested division of properties from the courts. 
3. Based on thorough analyses and the experiences of countries in the region, define appropriate methods for the implementation of the two aforesaid conclusions. 

Conclusions for reducing the number of utilities cases: 

1. Pass a law on utilities services in order to reduce the influx of utilities cases in the courts. The law should regulate the responsibilities of personnel in charge of claims collections, the establishment of special reconciliation panels that would prioritise attempts for the out-of-court settlement of cases etc.       
2. Utilities service providers must take on an active role in the procedure for the collection of claims. 
3. Detailed debtor records should be maintained by utilities service providers. 
4. Regulate statute of limitations issues through an umbrella law or initiate amendments to the Law on Obligations with reference to the existing statute of limitations provisions. 

Conclusions for reducing the number of criminal cases: 

1. Improve the current system for expert witnessing by harmonising BiH entity practices. 
2. Conduct ongoing analyses for required human and material resources with the objective of prompt criminal case resolution. 
3. Improve cooperation with the relevant institutions – prosecution, police, social welfare centres, hospitals.

It was also concluded that support should be given to the initiative from Republika Srpska that was sent to the EU Delegation in Serbia for the establishment of a web portal which would serve for sharing experiences within the region regarding case backlog reduction. 

In order to continuously reduce the number of cases before the courts, a conclusion was reached that current practices need to continue regarding the drafting, execution and monitoring of the Backlog Reduction Plans of the courts. 
For any additional information please contact the Cabinet of the HJPC BiH Presidency – Tel. 033 707 518 or by cell phone on 061 131 785.

TAIEX is the Technical Assistance and Information Exchange instrument managed by the Directorate-General Enlargement of the European Commission, which assists countries in the hamonisation, adoption and application of European Union legislation.
More information is available on the website http://ec.europa.eu/enlargement/taiex

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