HJPC to Appoint Holders of Judicial Functions as All Procedures Completed; Decision on Ongoing Competitions at Session

(Patria) - The High Judicial and Prosecutorial Council (HJPC) will appoint holders of judicial functions at its session on March 20 and 21, given that the competition procedures were completed before the Administrative Council of the Court of BiH adopted a decision on March 13, 2024, repealing certain provisions of the HJPC Rules of Procedure.

"Regarding the Decision of the Court of Bosnia and Herzegovina number S1 3 U 047188 24 USOZ of 13.3.2024, which repealed the provisions of Article 49, paragraph 5 (points b) and (c) of the Rules of Procedure of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) published in the 'Official Gazette of BiH' numbers 55/13 to 26/23, which relate to the further conduct of the competition procedure for two announced competitions for the selection of holders of judicial functions, the HJPC BiH immediately proceeded to consider and adopt a decision on the impact of the said Decision of the Court of BiH on the appointment process. In considering and adopting the decision, members of the HJPC BiH took into account the fact that the HJPC BiH, before the adoption and publication of the Decision of the Court of BiH, had brought the selection of a certain number of positions for holders of judicial functions and heads of judicial institutions to the stage for appointment, and that the initial agenda of the HJPC BiH session scheduled for March 20 and 21, 2024, included a certain number of appointments under the said competitions.

In this regard, an extended meeting of the Standing Committee for Legislation of the HJPC BiH was held, at which, after discussion, a decision was made to continue the competition procedure, given that the Decision of the Court of BiH repealed the said provisions of the HJPC BiH Rules of Procedure and that they are not applied as of 13.3.2024, i.e., that they were not annulled, which would have had the consequence that they could not have been applied from the date of their adoption," state from the HJPC.

At the HJPC session, about 20 appointments of judges and prosecutors are planned, as well as decisions on the termination of mandates of certain holders of judicial functions.

Regarding the competitions that have been announced but are not yet completed, such as the selection of 10 judges and 10 prosecutors for the Supreme Court of the FBiH and the Federal Prosecutor's Office for the needs of the Special Department of these institutions for combating corruption, organized and inter-cantonal crime, the HJPC will take a final stance at the session on Wednesday and Thursday. Among these positions is also the special deputy chief prosecutor of the Federal Prosecutor's Office of the FBiH, who will head the so-called 'federal USKOK'."