'Federal USKOK' on hold, HJPC must halt all appointments and tender procedures due to contested Rules of Procedure

(Patria) - The High Judicial and Prosecutorial Council (HJPC) will hold an internal meeting on Monday, after the Administrative Board of the Court of BiH annulled certain provisions of the HJPC Rules of Procedure, thereby halting all appointments of judicial office holders, as well as announced tenders for judicial office holders.

"The aforementioned issue will, due to urgency, be considered at an extended session of the Standing Legislative Commission of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. The meeting will be held because it is necessary to consider this issue and make appropriate decisions that will guide the future actions of the HJPC of BiH before the Council session to be held on March 20 and 21, 2024, which, among other things, includes the planned appointment of judicial office holders," stated the HJPC of BiH after the decision of the Administrative Board of the Court of BiH.

The provisions of the HJPC Rules of Procedure related to tenders, specifically the method of selecting candidates for judicial office holders who will be invited for an interview, imply discrimination. The request for an assessment of the legality of the provisions of the Rules of Procedure was submitted by the Director of the Center for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina, Arben Murtezić.

Given that a tender for 10 judges and 10 prosecutors in the Supreme Court of FBiH and the Federal Prosecutor's Office of FBiH was also announced in December to establish special departments of the Federal Prosecutor's Office and the Supreme Court of FBiH for combating corruption, organized and inter-cantonal crime, this procedure will also be halted. Thus, the position of the special deputy chief prosecutor of the Federal Prosecutor's Office of FBiH, who will head the so-called "federal USKOK," will also remain vacant.

The HJPC has a scheduled session for March 20 and 21, and all appointments remain on hold.

Murtezić believed that certain provisions discriminate against judges and prosecutors in relation to lawyers, notaries, and other legal professionals who are not judicial office holders.

"The Court finds that the contested Rules of Procedure of the HJPC were adopted by a body not authorized by law, and the subject matter regulated by the contested Rules of Procedure, i.e., its aforementioned provisions, leads to the conclusion that the HJPC, in this specific case, exceeded the limits of its authority established by the Law on HJPC. The provisions of Article 49, Paragraph 5, set up in this way, imply discrimination against candidates who are judicial office holders in relation to candidates who are not judicial office holders but meet the formal requirements for appointment to a judicial position," it was announced from the Court of Bosnia and Herzegovina.

The HJPC will also consider the Action Plan for the implementation of amendments to the Law on HJPC at its two-day session. The integrity department has not yet been formed, so another postponement of the parliamentary procedure date could occur.

However, all of this could coincide with the adoption of the new Law on HJPC, and the one-year deadline is approaching.