
(Patria) - The BiH Council of Ministers today adopted the Draft Law on the HJPC, despite the ministers from SNSD being against it.
The curious thing is that this law was not on the agenda but was included before the session itself, and this had to be supported by the Collegium of the BiH Council of Ministers, which includes Staša Košarac (SNSD).
Since this is not a final and executive decision, and ultimately the Parliamentary Assembly of BiH decides, the votes of the SNSD ministers against the law could not prevent its adoption.
The new law on the HJPC increases the number of members from 15 to 20, and one member is appointed by the Council of Ministers of BiH at the proposal of the BiH Minister of Justice.
A member of the Council is elected for a five-year term and cannot be re-elected for a consecutive term, provided that one person can be elected as a member of the Council at most twice.
The Venice Commission also provided comments on this draft, and regarding the composition of the HJPC, they state that "in the specific context of Bosnia and Herzegovina, it would be better to refer to the general representation of peoples, in accordance with the Constitution".
However, the Ministry of Justice took the position that the composition of the Council, as a rule, reflects the composition of the peoples in Bosnia and Herzegovina in accordance with the Constitution of Bosnia and Herzegovina, whereby the Council, which has 20 members, must have at least four members from each constituent people and two members from the "others", and at least eight members of one gender.
"In order to correctly implement this rule without abuse, lots will be drawn before the publication of the public call to determine the institutions from which the election of Council members will ensure its implementation", which is contrary to the opinion of the Venice Commission.
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