Išerić on the election of a judge to the Constitutional Court of BiH: Submit the entire list to Parliament, allow secret voting, and avoid politicization

(Patria) - Legal expert, member of the Presidency of the People's European Alliance, Dr. Enver Išerić spoke about the election of a judge to the Constitutional Court of BiH.

He believes that the procedure for electing judges to the Constitutional Court of both entities and BiH is being conducted in a very unserious manner. He explained this with his own example.

"I was one of the candidates for judge of the Constitutional Court of FBiH. Can you imagine that for a candidate for this position, which is one of the most honorable positions in the country if we are talking about the legal profession, the interview lasts 15 minutes. Half the time you will spend explaining your biography, who you are, what you are, what you have done. These interviews must be conducted in a very professional and expert manner. Questions are asked that are asked to first-year law students. The members of these commissions are not capable of assessing the expertise of the candidates," Išerić told Hayat.

Speaking about the current process of electing judges to the Constitutional Court of BiH, Išerić points out that one of the commissions that interviewed the candidates included a medical doctor and a mechanical technician.

"The results of these interviews, the assessments, and the ranking of candidates cannot be valid if this is the case. We do not have a precisely prescribed procedure for conducting interviews, nor for who the commission members are. Interviews should be conducted by judges of the Constitutional Court of BiH, with the inclusion of a certain number of legal experts, for example, the assembly that decides on the election of candidates, or university professors who are competent to assess the candidates' expertise.

These interviews should be conducted publicly and broadcast directly to the citizens of BiH so they can see who is being elected as a judge of the Constitutional Court, because this is a person who will protect the Constitution and the constitutional order of BiH," says Išerić.

Regarding the specific appointment of Marin Vukoja to the Constitutional Court of BiH, which HDZ BiH insists on, Išerić points out that the Election and Appointment Commission should submit its proposal, its candidate, but also the complete list of candidates to Parliament, and that the candidates, their competencies, and their experiences should be precisely and thoroughly explained, so that the House of Representatives of PFBiH can elect a judge of the Constitutional Court of BiH.

"The election of a judge of the CC BiH, after the procedure has been completed, should be by secret ballot, and the House of Representatives can do this by conclusion. Anything else is politicization of this honorable function and fulfilling the wishes of certain political actors," concludes Išerić.