Reform laws adopted through EU integration have not yielded results, negative effects visible in some areas

(Patria) - No positive progress has been recorded following the adoption of four reform laws significant for Bosnia and Herzegovina's European path.

Some provisions are not being implemented, while others are already producing negative effects, which civil society had warned about before the laws were adopted.

An analysis by Transparency International (TI) in BiH showed that the new Law on Freedom of Access to Information at the state level has not accelerated the publication of data of public interest.

According to the experience of TI BiH, which sends hundreds of requests annually, waiting times for the publication of some key information are longer than under the old law.

The Appeals Council at the Council of Ministers has not resolved some appeals for more than six months, although the legal deadline is 30 days.

In addition, a long list of exceptions allows authorities to conceal numerous pieces of information of public interest, thus preventing the media and civil society from monitoring the work of institutions and uncovering irregularities.

Amendments to the Law on the High Judicial and Prosecutorial Council (HJPC) have not in practice improved the integrity of judicial office holders, and the Department for Verification of Asset Declarations of Judges and Prosecutors has not yet been established.

Furthermore, not all recommendations of the EU and the Venice Commission have been heeded, and the non-implementation of new provisions has called into question the very functioning of the umbrella institution of BiH's judiciary.

Immediately before the law came into effect, the HJPC appointed a number of judicial office holders, and new appointments are made without verification of asset and interest reports.

Due to political obstructions regarding the adoption of the budget, the Department will conduct retroactive checks of asset declarations only from February 2025.

In addition to these urgent amendments, which were intended to strengthen the integrity of the judiciary, BiH must also adopt a new law on the HJPC.

A recently drafted preliminary draft does not meet the required standards, as TI BiH has already warned and as confirmed by the opinion of the Venice Commission.

The new Law on Prevention of Conflict of Interest brought significant improvements, but its implementation has been postponed for six months, i.e., until September this year.

The call for nominations of members of the new independent Commission that will decide on conflicts of interest was published only at the end of May, and it is unlikely to be completed on time.

The Commission will have a short deadline to adopt a large number of by-laws, which, given the previous pace of work, could further delay the implementation of the law.

It is important to note that the focus of reforms has been placed only at the state level, while in the Federation of BiH a law regulating this issue is still not applied, and the Republika Srpska adopted harmful amendments last year, practically legalizing conflicts of interest.

The Law on Prevention of Money Laundering and Financing of Terrorist Activities still does not meet all international standards and recommendations.

TI BiH appeals to the Ministry of Security of BiH to speed up work in order to meet the deadline for adopting by-laws by the end of August 2024, without which the law cannot be implemented.

Although the adoption and implementation of these laws are necessary for effective fight against corruption, which is a key priority for BiH on its European path, TI BiH emphasizes that the authorities in BiH have not completed this task properly.

The process was non-transparent, without opportunities for meaningful public participation, and proposals from civil society submitted during public consultations were largely not adopted.

The Council of Ministers changed substantive provisions of the reform laws before voting, thus rendering the process meaningless.

Due to all of the above, citizens of BiH who daily suffer the consequences of widespread corruption have still not felt the positive effects of the reforms.

The European Commission will publish its assessment of the quality of content and implementation of the mentioned laws in the Enlargement Package, i.e., the report on Bosnia and Herzegovina, whose publication is expected in October this year.

You can read the full analysis by TI BiH here.