Instead of laws from the EU agenda, the Trojka, HDZ, and SNSD enable further politicization of civil service and accumulation of employees

By: A. Vrabac

In December 2022, BiH received eight clear conditions from the European Commission that need to be met on the path to approximating the European Union.

Among these conditions are legal solutions that have not yet been adopted. Amendments to the Law on the HJPC are not sufficient, and a new law needs to be passed within a year. The new state government marked its first year in office on January 25, and although it refers to the EU path, it does not show it through its actions.

The EU insists on the Law on Courts of BiH, the Law on Prevention of Conflict of Interest, and strengthening the prevention and fight against corruption and organized crime.

Head of the EU Delegation Johann Sattler visited the Minister of Justice of BiH Davor Bunoza today, with whom he discussed the necessary legal solutions. Sattler clearly emphasized the Law on Prevention of Conflict of Interest, the Law on Courts, and the Law on Prevention of Money Laundering and Financing of Terrorist Activities.

In the next two days, sessions of both houses of the BiH Parliament will be held. However, the House of Representatives of the BiH Parliament does not have laws from the EU path on its agenda, while the House of Peoples of the BiH Parliament has the Law on Prevention of Money Laundering, although the Council of Ministers of BiH adopted it on December 14, and the House of Representatives of the BiH Parliament on December 21. However, due to holidays, and then due to the relations within the state coalition, this law waited for the first subsequent session of the House of Peoples of the BiH Parliament.

Although the coalition refers to the opening of negotiations with the EU at the next EU Council session in March, the laws to which we have committed have not been passed.

The coalition does not have an agreement on the Law on Courts, and the Council of Ministers of BiH has not considered the Law on Conflict of Interest. However, at the last meeting held with the EU delegation, BiH officials were clearly told, in addition to these laws, that they must fulfill other obligations.

On the other hand, the amendments and additions to the law on the HJPC are on the agenda of the sessions for the second time, as well as amendments to the Law on Civil Service in BiH Institutions. Parliamentarians, delegates from the opposition, as well as Transparency International, have raised objections to this law.

Although it has numerous shortcomings, the ruling coalition is clearly ready to support such a law, which is a step backward for BiH, even though this law is not one of the reform laws.

Instead of improving public service, which the European Union also insists on, the ruling coalition of Trojka, HDZ, and SNSD will legalize the politicization of civil service and enable the accumulation of employees.

"If the proposed amendments are adopted, advisors to members of the Presidency, the chairperson and ministers in the Council of Ministers, as well as the governor and vice-governor of the Central Bank will be able to be individuals without a university degree and BiH citizenship, and individuals who have met the legal conditions for retirement will also be able to perform these jobs. Civil servants already working in institutions will not be obliged to complete a probationary period in case of changing their work position, and they will be evaluated only once a year, which is a 'step backward' compared to the current law.

In addition, the proposed amendments do not address the issue of employment and selection of civil servants at all, and the opportunity to improve meritocracy in employment has been missed, as it is not ensured that civil servants are appointed based on the results of a public competition, with the obligation to appoint the most successful candidate to the position of civil servant," states Transparency International.