Pivić: European Commission requested the establishment of the Supreme Court of BiH, the current government is using this to weaken the judiciary

(Patria) - SDA MP in the State Parliament Nezir Pivić told N1 that he supports the establishment of the High Court of Bosnia and Herzegovina, but does not support compromises made in favor of politics.

“I strongly support the establishment of the Supreme Court of Bosnia and Herzegovina and generally strongly support everything that is in the best interest of the state of Bosnia and Herzegovina. What I do not support is that compromises are made in favor of politics and to the detriment of the legal quality of regulations, which is unfortunately the case in certain provisions of the Draft Law on Courts of Bosnia and Herzegovina,” Pivić said.

He then added:

“First, the European Commission asked our authorities to adopt a law establishing the Supreme Court of Bosnia and Herzegovina. Instead, we got a law that weakens the state judiciary. Second, the recommendation of the Venice Commission was misused, and instead of clarification, the criminal jurisdiction of the Court of Bosnia and Herzegovina was significantly reduced.”

Among other things, he stated that limiting the criminal jurisdiction of the Court of Bosnia and Herzegovina in practice means that the Court of Bosnia and Herzegovina will not have jurisdiction to try corruption offenses committed on the territory of one entity.

“Nor for those criminal offenses committed on the territory of only one entity that have serious repercussions or harmful consequences for the economy of Bosnia and Herzegovina, or can cause other harmful consequences for Bosnia and Herzegovina or can cause serious economic damage or other harmful consequences outside the territory. For example, if a criminal offense of a corrupt nature is committed on the territory of the RS entity, or if damage is caused to the economy of Bosnia and Herzegovina, the state court and prosecutor's office will not have jurisdiction to prosecute the perpetrator,” he stated.

From point 4.e) of the European Commission's priorities, a clear conclusion is drawn that it is necessary to establish the Supreme Court of Bosnia and Herzegovina, which will provide an exit from the system of entity courts.

“Therefore, the establishment of a fourth-instance court that will, among other things, have the task of harmonizing judicial practice and ensuring the uniform application of law throughout the territory of Bosnia and Herzegovina. The Draft Law on Courts of Bosnia and Herzegovina does not provide for the jurisdiction of the High Court of Bosnia and Herzegovina to harmonize judicial practice even at the level of the Court of Bosnia and Herzegovina, let alone for there to be an exit from entity courts towards it. I am deeply convinced that citizens understand the importance, but also all the challenges of the fight against money laundering, organized crime, corruption, political trading, and other most serious forms of crime. In order for the institutions of Bosnia and Herzegovina to have the strength to respond to the challenges of prosecuting the aforementioned criminal offenses, it is of utmost importance that the Court and Prosecutor's Office of Bosnia and Herzegovina have all legal tools, including the necessary jurisdictions, to be the backbone of this fight. Therefore, there are no opponents of the text of the law or the law itself, but only a concerned public that notices shortcomings and points them out,” Pivić concluded.