From Dayton to Brussels via Laktaši and Mostar: Only two more laws... and BiH will join the EU at the same time as Somalia!

By: Rasim Belko @rasimbelko

If you happened to glance at the headlines or political statements in recent days, you might have thought that Bosnia and Herzegovina is on the verge of a historic breakthrough — according to the Trojka, HDZ, and a few passive SNSD members from the stands, we only need “two more laws” for Europe to open the door to the negotiation room wide open. And then, presumably, we will all go to Brussels together — if not by train, then at least metaphorically, through another PR balloon.

However, as every time before, reality is somewhat less glamorous than the story the authorities are trying to package in European foil. The old Bosnian political trick is being sold again: take two problematic laws, slap the label “European” on them, and hope that no one from Europe will read the fine print. Unfortunately for the domestic chief of staff and the authors of these legal gems, someone at the Venice Commission apparently has glasses and plenty of time.

For those who haven't been following: it's about the Law on the Court of BiH and the Law on the HJPC, to which the aforementioned commission has delivered more than 80 serious remarks. Yes, you read that right — more than 80. And now try to imagine a chief of staff trying to explain to his minister how the draft is “European” when the Venice Commission is practically writing an essay on everything that is wrong with it.

Of course, the biggest trick in the whole story is that these two laws, which should be a mirror of European standards, actually do the opposite: they cement political control over the judiciary and continue to enforce ethnic quotas where they don't belong, not even according to the Constitution, let alone European principles. In short — that judges in our country continue to be elected based on who they belong to, not who knows the job.

Željko Komšić also commented on this yesterday, who, after a meeting with the President of the European Council, Antonio Costa, coolly admitted what we all know: “We adopt the laws, call them European, Brussels kisses us on the forehead and sends us back to the beginning.” And so it goes in circles. If this sounds familiar — it's because we've been watching this episode for 15 years.

The problem, as Komšić says, is that European standards do not fit at all with the Dayton logic of ethnic division and political oversight of institutions. But what is Dayton, if not a proven method for the authorities to stay where they are, and the country to stagnate? After all, it is difficult to expect the HDZ, SNSD, or even the Trojka, to dig a grave for their own privileges.

And when you look into the Venice Commission's remarks, everything becomes clear. They nicely say: “Elect people based on expertise, not on blood type.” The authorities respond: “Okay, but let's first see who is ours.” The Commission says: “The Court of BiH should judge based on the severity of the crimes, not on where someone was born and where the court is located.” The authorities respond: “Okay, but let's first see who will sit on the bench.”

And to be honest, all this would be comical if it weren't disastrous. Because in the end, when such laws are adopted, the biggest loser is the state. The judiciary remains under the control of the HDZ, SNSD, and their political satellites, and Bosnia and Herzegovina is increasingly turning into a laboratory for controlled democracy. Unfortunately, the Trojka is either consciously playing the role of a useful idiot, or genuinely thinks that Brussels sees nothing.

But it does see, very much so. The European Council clearly stated in December 2024: “Respect the judgments of the European Court of Human Rights and the opinions of the Venice Commission.” If this is not respected — and it is not — what kind of European path are we talking about? Even when they returned the Law on Public Procurement, on Conflict of Interest, and that same Law on the HJPC for revision in October 2024, a normal person would say: maybe we should sit down and learn a lesson. But no — here the card is still being played that Europe will not notice.

And that's why — BiH will not reach Europe as long as we feign European standards here, and tailor the judiciary to the measure of the HDZ, SNSD, and their united PR section. It's time we finally admit this openly, so at least we know where we stand. If nothing else, it will be easier to endure the next cold shower from Brussels.