Controversial Amendments to the HJPC Rulebook: Institutional Conflict with the European Union Deepened

(Patria) - The Initiative for Monitoring European Integration of Bosnia and Herzegovina expresses serious concern over the decision of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina to, despite clear warnings from the European Commission and the Delegation of the European Union to BiH, maintain the controversial amendments to the Rulebook regarding the reporting on assets and interests of holders of judicial functions.

The European Union had previously warned that these amendments fundamentally change the framework underpinning the external monitoring of asset verification of judges and prosecutors and pose a serious risk to the efficiency, credibility, and independence of that process. Through the Rulebook, the HJPC assumes essential control over the selection and oversight of external experts, thereby rendering their role meaningless.

Particularly concerning is the fact that the HJPC adopted the amendments to the rulebook despite the formally expressed positions of the European Commission, including letters addressed to the President of the HJPC, Sanin Bogunić. This has further deepened the institutional conflict with the European Union in an area that represents one of the key issues of the accountability system in the judiciary. According to information published in early June, the Director-General of the European Commission for Neighbourhood and Enlargement Negotiations, Gert Jan Koopman, stated that the EU sees no way to continue funding the operation of external monitoring of asset declaration checks unless the HJPC withdraws the controversial rulebook.

The same warning noted that such developments pose a serious risk to the further progress of Bosnia and Herzegovina on its path towards the European Union.

It is additionally concerning that Koopman's letter was addressed not only to the President of the HJPC but also to the Chairwoman of the Council of Ministers of Bosnia and Herzegovina, Borjana Krišto, and the Minister of Justice of Bosnia and Herzegovina, Davor Bunoza. At a time when the trust of European partners in judicial reforms is jeopardized, the absence of a clear and public reaction from the highest executive and relevant institutions would be politically and institutionally irresponsible.

The Initiative therefore demands that the HJPC urgently withdraw the adopted amendments to the rulebook and open space for its alignment with the recommendations of the European Commission, with full respect for the principles of independence, transparency, and public accountability. The Initiative had previously warned that the essence of the problem is not only the potential loss of financial support but, above all, the erosion of the integrity of the system and deviation from previously agreed solutions in an area crucial for public trust in the judiciary.

At the same time, we call on the Chairwoman of the Council of Ministers of BiH, Borjana Krišto, and the Minister of Justice of BiH, Davor Bunoza, to publicly comment on this matter without delay and assume responsibility within their competencies. Their reaction must be clear, unambiguous, and aimed at protecting the reform obligations of Bosnia and Herzegovina, preserving the credibility of the asset verification process for holders of judicial functions, and preventing further deterioration of relations with the European Union.

Bosnia and Herzegovina cannot afford further weakening of accountability mechanisms in the judiciary, nor a new distancing from the standards it claims to want to achieve on its European path. Without genuine commitment to transparency, integrity, and the rule of law, reform processes remain an empty formality, and the responsibility for their consequences will be borne by domestic institutions that ignored the clear warnings of European partners.