The draft new Law on the High Judicial and Prosecutorial Council (HJPC) of Bosnia and Herzegovina represents a crucial step in advancing the rule of law in the country. This legislation is pivotal as Bosnia and Herzegovina progresses towards fulfilling the necessary requirements for European Union accession, including the endorsement of a Negotiating Framework by the European Council.
Today, a policy dialogue was convened to engage in constructive discussions on the draft law, guided by the interim Opinion of the Venice Commission released on 25 of June 2024. The Venice Commission’s Opinions hold significant weight in Bosnia and Herzegovina’s EU accession process. Adhering to these recommendations will not only enhance the legal framework governing the HJPC but also bring Bosnia and Herzegovina closer to meeting EU accession criteria.
Adopting the new law on the HJPC is a critical step for Bosnia and Herzegovina. It is part of the roadmap towards the first inter-governmental conference and the substantial phase of accession negotiations with the European Union. Therefore, the today’s policy dialogue focused on two main topics, addressed through panels that provided participants with opportunities to exchange opinions, share experiences, and offer suggestions for improving the current Draft.
The first topic, “Independence of the HJPC of Bosnia and Herzegovina and the Judiciary,” allowed panelists to discuss financial and functional independence as well as the accountability of the judiciary. Key speakers included Davor Bunoza, Minister of Justice of BiH; Frans van Dijk, Professor at Utrecht University, Netherlands and representative of the Netherlands Council for the Judiciary and the European Network of Councils for the Judiciary (ENCJ); Halil Lagumdžija, President of the HJPC of BiH; Hans Petter Graver, Professor at the University of Oslo; Ivana Korajlić, Executive Director of Transparency International BiH; and Lise Chipault, Judge and Head of the French Delegation in GRECO.
The second topic, “Restructuring of the HJPC of BiH” in light of the new law, focused specifically on the election and composition of Council members and the necessity of regulating transitional provisions adequately. The discussion featured Hajro Pošković, Deputy Director of the HJPC BiH Secretariat; Hans Petter Graver, Professor at the University of Oslo; Jens Woelk, Professor at the University of Trent; Leila Bičakčić, Director of the Center for Investigative Journalism; Željka Fabić, Member of the HJPC of BiH; and Željko Bogut, Secretary General of the Ministry of Justice of BiH.
The policy dialogue was organized by the projects Strengthening the capacity of the judiciary operating at the Secretariat of the HJPC of BiH and EU4Justice, as projects dedicated to the improvement of the BiH judiciary in accordance with European standards and acquis.
