Reform of judicial institutions is a key element that will bring BiH closer to the EU

A two-day expert seminar within the Structural Dialogue on Justice was held at the EU building in Sarajevo. This seminar was organized to discuss current opportunities for judicial reform at the state level, with a special focus on possible legal solutions aimed at specifying the criminal jurisdiction of the Court of BiH and the Prosecutor's Office of BiH, reports the Bosnian news agency Patria.

In order to include as many participants as possible and to ensure a thorough exchange of opinions, the meeting was open to all relevant members of the professional community, as well as experts from relevant ministries and executive representatives. Additionally, a special meeting was held with members of the parliaments of BiH and entity parliaments.

Judicial practitioners from two EU member states, Germany and Italy, discussed reform options presented in various draft laws. Comments and observations from case law were also collected. Representatives of the European Commission welcomed the renewed commitment of the executive to continue working on possible reform options and drafting a harmonized draft law, for which political consensus can be achieved when it is submitted to the parliamentary procedure for adoption.

Emphasis was also placed on the importance of continuing harmonization efforts, based on the following principles:

- The issue of continuity of the judiciary at the state level through the reform process, as emphasized by the Venice Commission in its 2012 Opinion, which must be properly respected when drafting the new institutional framework. It is expected that the appellate division will be separated from the first-instance division by establishing a new, separate appellate court at the state level.

- The criminal jurisdiction of judicial institutions at the state level in their current form remains to be further clarified. This is the cornerstone of the reform process and will be implemented with a guaranteed mechanism that promotes legal certainty, predictability, and the principle of the natural judge. Every citizen has the right to court proceedings prescribed by law. Current discretionary margins and possible ambiguities in attributing criminal jurisdiction in BiH will be overcome.

Drafting will continue as a priority issue, with consideration of current drafts, in order to create a comprehensive reform plan. In the coming period, the European Commission will submit a summary of conclusions together with additional observations from experts from European Union member states.

The European Commission welcomes the readiness shown by all domestic actors to finalize current activities in a spirit of mutual understanding. The reform of state judicial institutions is a key element that will bring Bosnia and Herzegovina closer to the European Union, while guaranteeing all citizens a more professional, impartial, independent, and accountable judicial system. Achieving these reform goals is also an integral part of the recently adopted Strategy for the Reform of the Justice Sector.