The 'Trojka' runs towards the European Union, but drops the state from their hands

(Patria) - One of the three "European laws", as the representatives of the Trojka parties enthusiastically like to call them and present them as a historic step towards Europe, is the one concerning the High Judicial and Prosecutorial Council (VSTV) of BiH.

The shortcomings of this legal solution, which was presented to the state deputies four days ago at the proposal of the Council of Ministers of BiH and received their necessary support, were pointed out at the session of the House of Representatives by opposition SDA deputies.

In their addresses, Šerif Špago and Safet Kešo decisively tried to explain to their fellow deputies that the proposed law, which regulates the integrity of judicial office holders, does not meet the requirements that our country must fulfill on its European path.

Let us also recall that the Delegation of the European Union to BiH, foreign embassies, and numerous relevant international organizations were against such a law. And today, the OSCE Mission in BiH also made a statement.

The OSCE emphasizes that the amendments to the Law on VSTV must be fully aligned with the version positively assessed by the Venice Commission in March 2021, in order to increase the overall accountability and independence of the domestic judiciary.

They recall that in a letter dated June 2, together with other international organizations in BiH, they emphasized the importance of a transparent and inclusive legislative process.

"Unfortunately, the amendments adopted on August 22 do not address these issues. Regressive changes to the provisions on conflict of interest and asset verification, two mechanisms that are an integral part of preserving judicial integrity, weaken the text of the law and pose challenges in terms of proper, effective implementation," the OSCE Mission in BiH told the Fena agency.

They called on this occasion the House of Peoples of the BiH Parliament to seize every opportunity and resolve these issues by aligning the text of the law with the version positively assessed by the Venice Commission.

Kešo: They adopted laws with serious systemic flaws

They also added that an independent judiciary, acting with integrity, is the foundation of every democratic society, so its reform must be carried out in good faith, not treated as a means of settlement.

In an interview with the Patria News Agency, Safet Kešo says that this reaction from the OSCE Mission confirms that everything he and his colleagues from the SDA said at the mentioned session of the House of Representatives was true.

- I said that this is precisely the heart of the law, and they have obscured exactly that. Even if it were perfect in all other elements, the Law on VSTV – which will not clearly define the conflict of interest and the system of asset verification for judges, prosecutors, and members of the VSTV – would certainly be compromised and make the purpose of its adoption meaningless – says Kešo.

He explains that there is a precise text of the article on Conflict of Interest, which was accepted by the Venice Commission down to the last comma in 2021, but the current government changed and obscured it.

- That's why we didn't support it. And that's why the attempt, especially by Konaković, Nikšić, and Forto, to sell this kind of "progress" to the public as an "enormous, historic step towards Europe" is completely meaningless – emphasizes Kešo.

According to him, they adopted laws with serious systemic flaws and are practically sending laws with built-in "mines" to the European Union.

- The OSCE has clearly noticed this and is now calling on this ruling coalition that is running towards the EU, but has dropped the state from their hands, to correct these major and serious mistakes at the session of the House of Peoples.

Then let them check whether the SDA is the opposition to them or to the state. You are welcome – Kešo concluded in an interview with Patria.

(D. Kovač)