HJPC operates with 14 members: No more resignations, Supreme Court of RS needs to elect a member from among judges, but will they do it?

(Patria) – At the end of March, member Ljiljana Bošnjak Glizijan, who was elected on behalf of the Supreme Court of Republika Srpska, left the High Judicial and Prosecutorial Council of BiH. Her resignation coincides with the call by Milorad Dodik, President of RS, for personnel from RS to withdraw from BiH judicial institutions, after the National Assembly of RS passed a series of unconstitutional laws on February 27th, prohibiting the work of the Court, Prosecutor's Office, HJPC, and SIPA on the territory of RS.

However, regardless of the decision of the Constitutional Court of BiH, which by a temporary measure on March 7th suspended these laws until a final decision is made, RS authorities continued to implement unconstitutional activities, including the formation of the HJPC of RS. Dodik, in one of his media appearances, told Serbs from RS working in BiH judicial institutions that he would list them all, and that those who do not leave their jobs could lose their property in RS, and judicial institutions they represent in RS and do not respect entity laws would be left without funding.

In the Official Gazette of RS on March 21st, the Rulebook on the procedure for nominating and electing the first members of the High Judicial and Prosecutorial Council of RS was published, which entered into force on March 22nd. The Constitutional Court of BiH held a session yesterday and sent a Decision on non-execution of the Constitutional Court of BiH decisions to the Prosecutor's Office of BiH, in relation to the adoption of the disputed Rulebook. The Rulebook was adopted by the Minister of Justice of RS, Miloš Bukejlović.

After the decision of the Constitutional Court of BiH, only one member from RS left the HJPC, while there is no information about the departure from the Court and Prosecutor's Office of BiH, although the biographies of prosecutors and judges have disappeared from the websites. Otherwise, there are four members from the judicial institutions of RS in the HJPC and a representative of the Bar Association of RS.

The HJPC confirmed to Patria today that at the upcoming session of the HJPC on April 9th and 10th, they will consider the Information on initiating the election of a new member of the Council.

They also explained the procedure for electing a new member, and in accordance with Article 8 of the Law on HJPC, judges of the Supreme Court of Republika Srpska should elect one member of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH/Council) from among the judges.

“(1) The Council shall inform the body competent for the election or appointment of a member to the Council, in accordance with Article 4 of this Law, at least three (3) months before the expiry of the mandate of an individual member, and shall request that body to elect or appoint a new member to the Council.

(2) In the event that the mandate of a member does not cease due to the expiry of the mandate but for other reasons and it is necessary to elect or appoint a new member, the Council shall inform the body competent for the election or appointment of a new member. The Council shall inform the competent body no later than 10 (ten) days after the cessation of the mandate,” the Law specifies.

The HJPC also pointed out that none of the remaining fourteen members of the HJPC BiH have resigned from their position as a member of the HJPC BiH.

“Article 14 of the Law on HJPC BiH stipulates that ‘the presence of at least eleven (11) members is necessary for a quorum’, which means that the Council can perform its duties unhindered until the election of a new member from among the judges of the Supreme Court of Republika Srpska,” the HJPC responded.