Tegeltija resists clear provisions of the Law on Parliamentary Oversight

(Patria) - Milan Tegeltija, President of the High Judicial and Prosecutorial Council, who found himself at the center of the 'Horseshoeing' affair, has in recent days focused on challenging the work of the Investigative Committee of the Parliamentary Assembly of Bosnia and Herzegovina, which was formed to examine the work of the judiciary.

The latest in a series of reactions from Tegeltija came in response to statements by the Head of the OSCE Mission to BiH, Bruce Berton, who said that 'Parliament is fully competent to review the work of the judicial system, as long as it does not affect individual cases.'

Because of this, Tegeltija cited the OSCE thematic report from December 2009, in which the OSCE Mission to BiH called on political representatives to immediately begin refraining from any inappropriate influence or pressure regarding court proceedings, as well as from attacks on the reputation and integrity of the judiciary.

'Allegations of inappropriate behavior by representatives of judicial bodies should be dealt with by the High Judicial and Prosecutorial Council (HJPC), as the only body responsible for regulating the conduct of judges and prosecutors in BiH. The institutional independence of the HJPC is, in itself, a guarantee of legitimacy for investigating and examining such cases,' Tegeltija stated.

Experts, however, warn that the Law on Parliamentary Oversight of BiH is very clear. This law regulates the oversight of the Parliamentary Assembly of BiH over the work of all budgetary and extra-budgetary institutions of Bosnia and Herzegovina, administrative bodies, and institutions with public authority.

The only exceptions, and only partially, from oversight are the Presidency of BiH, the Constitutional Court of BiH, the Institution of the Human Rights Ombudsman of BiH, and the Audit Office of the Institutions of BiH.

'They are supervised exclusively regarding financial operations, while the Central Bank of BiH is supervised in accordance with Article 64 of the Law on the Central Bank of Bosnia and Herzegovina,' the law states.

The constitutive session of this Committee will be held soon, and in the following phases, responsible persons from the judiciary will be invited for 'hearings.' First and foremost, Milan Tegeltija, as well as other members of the High Judicial and Prosecutorial Council.