Ahead of the debate on the exclusion of foreign judges: What did the SNSD and HDZ lobbyists agree on in Brussels?

A. Čorbo-Zećo

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On Friday, May 15, the House of Representatives of the Parliamentary Assembly of BiH will convene, and on the agenda is the Bill on the Election of Judges of the Constitutional Court of BiH, which were previously elected by the President of the European Court of Human Rights, proposed by MPs Nebojša Radmanović, Snježana Novaković-Bursać, Nenad Stevandić, Nenad Nešić, Jakov Galić, Obren Petrović, Dragan Bogdanić, Sanja Vulić, Ljubica Miljanović, Borjana Krišto, Nikola Lovrinović, Mijo Matanović, Predrag Kožul, and Darijana Filipović.

Thus, a joint stance by SNSD and HDZ BiH, on the path to removing foreign judges from the Constitutional Court of BiH.

The Bill stipulates that judges of the Constitutional Court of BiH can only be citizens of Bosnia and Herzegovina with the right to vote and legal professionals of high moral repute. Furthermore, it stipulates that the election of domestic judges is carried out by the Presidency of BiH by appointing a total of three, two from the Federation of BiH and one from Republika Srpska. The appointments are confirmed by the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina with a majority vote in each club of the constituent peoples, and the elected judges must be from different peoples.

Also, it is stipulated that upon the adoption of this law, the mandate of three foreign judges shall cease. 

The Delegation for European Integration pointed out that the proposer, as the subject of this law, among other things, stipulates the procedure for electing domestic judges of the Constitutional Court of BiH, who were previously elected by the President of the European Court of Human Rights.

“Given that the current procedure for electing domestic judges of the Constitutional Court of BiH, prescribed by the Constitution of Bosnia and Herzegovina and the Rules of the Constitutional Court of BiH, does not provide for their prior election by the President of the European Court of Human Rights, it is unclear whether the proposer intends to introduce a completely new procedure for electing domestic judges with this proposal. Then, it was noted that the proposed procedure for electing domestic judges, whereby they are elected by the Presidency of BiH and confirmed by the House of Peoples of the PSBiH, with the requirement that there must be a total of three (two from the territory of FBiH and one from RS) and that they must be from different peoples, significantly deviates from the manner prescribed by the Constitution of BiH and the Rules of the Constitutional Court of BiH,” stated the Delegation.

It is evident that this proposal will not pass, at least not in this phase, but much more dangerous, as Patria learns from well-informed sources, is the game being played by SNSD and HDZ lobbyists in Brussels. They have succeeded, as we learn, through their joint lobbying efforts, as it is evident that these two sides are acting together, in achieving their goal. Allegedly, foreign judges in the Constitutional Court of BiH should remain until 2022.

A debate is also expected in this direction, but Patria’s information indicates that they have received firm guarantees.

The engagement of international judges in the Constitutional Court of BiH is prescribed by the Constitution of Bosnia and Herzegovina, which stipulates that three members are elected by the President of the European Court of Human Rights, after consultations with the Presidency of Bosnia and Herzegovina, four members of the Constitutional Court of Bosnia and Herzegovina are elected by the House of Representatives of the Federation of Bosnia and Herzegovina (FBiH), and two members are elected by the National Assembly of Republika Srpska.

The intention is absolutely clear; the appointment of international judges stems from the efforts of international community actors to introduce a greater degree of neutrality and objectivity into that institution after the signing of the Dayton Peace Agreement. These three foreign judges in the Constitutional Court of Bosnia and Herzegovina have definitely distanced themselves from political entities in BiH.

They represent a factor of stability within the Constitutional Court of BiH, and this does not suit HDZ and SNSD at all. 

That is why the lobbyists are not resting, even in Brussels.