Appointment of judges and prosecutors for special departments of the Supreme Court and Federal Prosecutor's Office in September, no premises for work either

The deadline for submitting the final version of the Draft Law on the High Judicial and Prosecutorial Council to the Venice Commission by September is short, members of the HJPC stated at the session, about which they will also inform the BiH Ministry of Justice and the European Union Delegation, and point out potential consequences.

At the session, it was stated that the Venice Commission had given its preliminary opinions, but they were not elaborated on in detail. It was stated that the opinion was focused on three areas – the membership and organization of the Council itself, then the provisions of the law concerning the appointment of judges and prosecutors, and disciplinary proceedings.

The Venice Commission, as stated, provided comments that the number of "external" members of the Council who are not holders of judicial functions should be increased.

At the session, it was stated that the Venice Commission reiterated that the issue of national eligibility should not be of such importance in the appointment of judges and prosecutors, as well as members of the Council.

In addition, it was stated that the Venice Commission commented on the list of disciplinary offenses with a recommendation to divide them into more serious and less serious ones.

Council member Davor Martinović said that he understood this opinion as a kind of "annulment decision," and that it contained nothing about resolving the issue of the ethnic composition of the Council.

“Now I wonder if this hot potato has just been returned to us,” he said.

Several Council members pointed out that the deadline for submitting the finalized Draft Law on the HJPC to the Venice Commission – at the beginning of September – is quite short, considering the scope of work and the holiday season.

President of the HJPC Halil Lagumdžija said that there is a danger of obtaining insufficiently good solutions due to such short deadlines.

It was concluded that the Council supports the drafting of this law, and that it will send a letter to the BiH Ministry of Justice and the EU Delegation pointing out the short deadlines, as well as the potential consequences they may cause.

At the session, the fulfillment of conditions for the start of work of special departments for combating corruption, organized and inter-cantonal crime in the Supreme Court of the Federation and the Federal Prosecutor's Office was discussed. The Department for Appointments and Promotions stated that this court and Prosecutor's Office indicated that premises for the work of judges and prosecutors have not yet been provided, nor are there any indications when they will be, and that calls for technical staff have not been announced, nor has the procedure for procuring appropriate equipment been initiated.

HJPC member Amila Mimica Kunosić said that she sees no reason why the Supreme Court and the Prosecutor's Office have not initiated the tender procedure, given that this type of procedure takes time.

Although planned for tomorrow, after the discussion, the proposal to postpone the appointment of these judges and prosecutors until September was adopted, as well as for the Council to address the Supreme Court of the Federation, the Federal Prosecutor's Office, and the Government of the Federation "to do their part of the job".

During the session, among other things, the instruction on the anonymization and publication of disciplinary decisions was adopted, but its content was not elaborated on. It was stated that the instruction was prepared according to the principle of others for the anonymization of decisions.

The HJPC session will continue tomorrow, July 18, writes Detektor.