High Judicial and Prosecutorial Council still without Integrity Department

(Patria) - Although amendments to the Law on the High Judicial and Prosecutorial Council were adopted eight months ago, the Integrity Department of this judicial institution has still not been formed. The ball of responsibility is being passed from one to another - the HJPC and the state Ministry of Justice.

Two deadlines have passed, and the HJPC is asking for a third. Although the previous two deadlines were met with firm promises that the Law would begin to be applied, at least in the part concerning the Integrity Department, everything indicates that the department will not be established. It is essential, first and foremost, to put an end to the abuse of office by judges and prosecutors for personal gain, which we have already witnessed as a society. This would involve verifying their assets and the accuracy of published results, says the President of the HJPC.

"We were already aware when the law was adopted that the given deadlines were short, and that we could not have an effective department by then. We correctly concluded that we would complete our part of the work within the deadlines prescribed by the Law, and adopt the by-laws on systematization," says the President of the HJPC, Halil Lagumdžija.

It seems that the beginning of next year is also intended for the start of the department's formation, as the new request for a deadline defines February 2025. Without a budget, there is no application of the law, and without that, the appointments of judges and prosecutors, which the HJPC makes, are not effective. This jeopardizes the functioning of the entire judicial system.

"You are well aware that the budget has been conceived, that there is an agreement from the institutions of Republika Srpska, i.e., the representatives participating in the work of joint institutions. The issue of the budget and all other surplus revenues is an internal issue of the Federation, which cannot reach an agreement," states Staša Košarac, Minister of Foreign Trade and Economic Relations of Bosnia and Herzegovina (SNSD).

"If we don't, Schmidt will probably unblock it again, as he has other processes, because it is his position and function to unblock when politicians block. I think that the institutions of this country can and will find a way to prevent this from stopping, and those who are hindering are further leading themselves into various kinds of isolation," says Elmedin Konaković, Minister of Foreign Affairs of Bosnia and Herzegovina (NiP).

Although the HJPC claims that all problems arose due to the unadopted budget and lack of funds, the BiH Ministry of Justice says that the problem lies with the ministers operating in the Republika Srpska region.

"I do not support the actions of Republika Srpska, in the way that the National Assembly of Republika Srpska has not appointed two more judges, which is not good. It sends a bad message. It would be much better if they appointed two judges, and in the meantime, we actually resolve one of the priorities and international judges, or their status and the implementation of Constitutional Court decisions," emphasizes the BiH Minister of Justice, Davor Bunoza.

"The problem is the lack of financial resources, which the HJPC has been seeking for a longer period since the law came into force. We have witnessed several times that the entire process of establishing the department has been postponed due to the inadequate reaction of the authorities that were supposed to find the funds, specifically the Ministry of Finance and the Ministry of Justice of BiH," emphasizes BIRN journalist Enes Hodžić.

An additional problem, as Hodžić concludes, is that when the time comes, the appointment to the Department will take time, as candidates will have to undergo certain checks. Therefore, it is important to address this problem as soon as possible, writes BHT.