HJPC to discuss conclusions of the National Assembly of Republika Srpska: We cannot act as if it didn't happen

SARAJEVO, (Patria) - Members of the High Judicial and Prosecutorial Council (HJPC) decided at today's session to discuss the conclusions of the National Assembly of Republika Srpska (NSRS) which plan to suspend the Law on HJPC and form an entity judicial body for appointing judges and prosecutors.

At the beginning of the first day of the two-day session, Council member Mustafa Šabić requested that members express their stance on the NSRS conclusions and issue a statement.

“We should not move past this as if it didn’t happen,” Šabić said.

Council President Halil Lagumdžija stated that the conclusions concern the judiciary and are a topic that needs to be discussed, writes Detektor. 

Dutch judge Kees van der Waide, an advisor to the HJPC, said he was pleased that Council members were discussing this.

“I sent an email to my colleagues, if you haven’t seen it, please read it. I sent the conclusion related to this topic, elaborating exactly what Šabić was talking about. Without a statement, it would appear as a sign of silence,” he said.

The National Assembly of Republika Srpska adopted the Declaration on Constitutional Principles on Friday, December 10, and four pieces of information on the transfer of competencies with conclusions, including one on the HJPC. This conclusion plans for the preparation of an entity law on the HJPC within six months. After the adoption of this law, it is planned not to apply the state Law on HJPC in the territory of Republika Srpska.

The National Assembly withdrew its earlier consent from 2004, based on which the Law on HJPC was adopted in the BiH Parliament.

HJPC members plan to discuss a reaction to these decisions during the first day of the session. The session is scheduled to last on Wednesday and Thursday, but it was heard at the beginning of the session that there is a possibility of the session lasting three days due to the large number of items on the agenda.

Davor Martinović said that the order of agenda items should be changed.

“I am not for us to remain silent, but also not for us to make decisions without being prepared,” he said.

Council member Amila Kunosić referred to the conclusion, stating that the HJPC cannot ignore the decisions of the National Assembly because the Council has “exceptional importance for the judiciary.”

“We have made significant progress in every respect. What is paramount is that we, through the judiciary, take care of the citizens. Therefore, I am against jeopardizing citizens' rights in any way, as they already live in very difficult conditions. I think we need to prepare ourselves specifically for this item in order to present it to the public,” she said.

Lagumdžija agreed that they should prepare for the discussion of the National Assembly’s conclusion, but requested that the basis for it be Judge Van der Weide’s email and that the Council issue a statement.

Jadranka Stanišić said she received the email in which the judge requested this item be included yesterday after working hours. She noted that only Council members can propose agenda items.

“Kees, with all due respect, cannot propose a new agenda item,” she said.

Lagumdžija concluded that the Council would discuss this after the break and asked the members to read the Dutch judge’s email.