Government of FBiH adopts draft law: Simplify and speed up procedures for issuing work permits to foreigners

(Patria) - The Government of FBiH, at the proposal of the Federal Ministry of Finance, adopted the Draft Law on Amendments to the Law on Determining and Realizing Citizens' Claims in the Privatization Process at today's session, and sent it to the FBiH Parliament for adoption through an expedited procedure.

Citizens' Claims

This amendment replaces the deadline of June 30, 2025, stipulated by the current law, with June 30, 2027. This extension of the deadline regulates the validity and use of certificates as a means of payment for the purchase of apartments subject to tenancy rights.

The proposer explained that upon the expiry of the current legal deadline, individuals who are allocated an apartment upon completion of the apartment restitution procedure or who achieve apartment restitution based on tenancy rights would be denied the possibility of purchasing them with certificates in accordance with this law. An initiative from the Agency for Privatization in the Federation of BiH for a two-year extension of the deadline for purchasing apartments with certificates has also been submitted.

It was emphasized that the validity of this amendment is established by the aforementioned law, as it allows for the extension of the deadline for purchasing apartments subject to tenancy rights, depending on changes in restitution regulations.

Given that the amendment to this law is not complex and is of a smaller scope, its adoption has been proposed through an expedited procedure.

Criminal Procedure Code

At the proposal of the Federal Ministry of Justice, the Government of the Federation of BiH adopted the Draft Law on Amendments and Supplements to the Criminal Procedure Code of the Federation of BiH today, and will send it to the Parliament of the Federation of BiH through an expedited procedure.

In the reasons for adopting the law, the proposer explained that the Federal Ministry of Justice received an initiative from members of the Bar Association of FBiH concerning the reform of the legal aid system, which was established in the Federation of BiH based on the Criminal Procedure Code of Bosnia and Herzegovina (ZKP FBiH).

Considering the disproportion in the number of legal aid cases assigned to lawyers in criminal proceedings before the courts in the Federation of BiH, the proposer emphasizes the necessity of introducing a system for assigning legal aid, which includes procedural situations where a suspect or accused, in accordance with the provisions of the ZKP FBiH, must have a defense counsel, or situations where they cannot afford one due to their financial situation.

The proposed Draft Law on Amendments and Supplements to the Criminal Procedure Code of the Federation of BiH conceives the system in a transparent manner, ensuring equal participation for all defense counsel on the list in the assignment of legal aid.

Specifically, the lists of defense counsel are established by a decision issued by the competent cantonal minister of justice in cooperation with the competent bar association for defense counsel based in the respective canton.

The list is formed in alphabetical order by the defense counsel's surname, and in a specific criminal proceeding, the next lawyer on the list who has not yet been appointed as a defense counsel before the court where the proceeding is taking place will be chosen.

Therefore, the proposed normative solution excludes the possibility of abuse in the appointment of defense counsel, and the Draft stipulates that the method and procedure for appointing defense counsel will be further regulated by a by-law issued by the federal minister of justice.

Given that these are less complex and extensive amendments and supplements to the Criminal Procedure Code of Bosnia and Herzegovina, their adoption has been proposed through an expedited procedure.

Labor Market Reform

The Government of the Federation of BiH, at the proposal of the Federal Ministry of Labor and Social Policy, adopted the Draft Law on Employment Mediation and Social Security of Unemployed Persons and the Draft Law on Amendments to the Law on Employment of Foreigners today. The adopted draft laws will be sent for further parliamentary procedure.

As explained by the proposer, these laws are part of a broader labor market reform in the Federation of BiH, aiming to more precisely define unemployment records and more effectively direct budget funds for active employment measures, as well as to simplify and accelerate administrative procedures, enabling employers to more easily engage the necessary workforce, especially in deficit sectors.

The Draft Law on Employment Mediation and Social Security of Unemployed Persons regulates the rights and obligations of the Federation of BiH in determining and implementing overall measures that promote and improve employment conditions, the basic principles of employment mediation, the status of an unemployed person, and material and social security.

It also regulates active employment policy, the organization and operation of the Federal Employment Service, cantonal public employment services, financing of overall employment activities, and other issues related to employment mediation, respecting cantonal competencies and their differences.

As explained by the proposer, the adoption of this law is part of the legislative reform in the field of employment aimed at improving the rights of unemployed persons and regulating the employment mediation system in the Federation of BiH.

Regarding the Draft Law on Employment Mediation and Social Security of Unemployed Persons, the proposer notes in the explanation that BiH, as a member of the International Labour Organization, is obliged to implement the ratified conventions of this organization.

During the drafting of this law, harmonization was carried out with the Convention on Tripartite Consultation, the Convention on Minimum Age for Employment, the Convention on Unemployment, the Convention on Employment Services, the Convention on Discrimination, and the Convention on Employment Policy.

The adopted Draft Law on Amendments to the Law on Employment of Foreigners envisages the simplification and acceleration of administrative procedures for issuing permits to foreign workers, which will enable employers to more easily engage the necessary workforce, especially in deficit sectors, without compromising the employment priority of the domestic workforce.

The proposer also reminds in the explanations that the draft texts of these laws were accepted by both houses of the Parliament of the Federation of BiH, and conclusions were made that the draft texts represent a good basis for drafting the proposed laws, and the proposer was tasked with organizing and conducting a public debate lasting 60 days.

Accordingly, the Federal Ministry of Labor and Social Policy conducted public debates lasting 60 days, and subsequently formed working groups for the preparation of the final texts of both laws, which included relevant federal ministries, employment institutes and services, the Employers' Association in FBiH, and the Independent Trade Unions Association of BiH within the Economic and Social Council of FBiH.

The drafting of these laws is planned by the Employment Strategy in the Federation of BiH 2023-2030 and the Work Program of the Federal Ministry of Labor and Social Policy.