HJPC adopts Reform Program Proposal despite EU Delegation's request to postpone to next session

Members of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) unanimously adopted the Proposal of the Reform Program of this institution for the period 2024-2026, despite a request from the Delegation of the European Union to BiH, which arrived unsigned half an hour before the start of the session, to postpone this agenda item to the next session.

A brief presentation of the program stated, among other things, that the proposed measures focus on improving the system of accountability of court presidents and chief prosecutors, with an emphasis on prosecuting organized crime and corruption. In addition, it was stated that the measures focus on improving the appointment procedure for holders of judicial functions, which should be based on objective criteria, and improving the transparency of the disciplinary procedure.

“Personally, I think it is least important whether we adopt the proposal today or next week; much more important is the attitude of international partners towards us. I would like to see anywhere in the world where such an email is sent half an hour before, without a signature. This is condescending towards this institution,” said Council member Davor Martinović.

Council President Halil Lagumdžija explained that they had been expecting feedback from the Delegation of the European Union to BiH for the previous two days, but that their response to the proposal arrived only half an hour before the start of the session.

Sanela Gorušanović-Butigan said that, analyzing the letter they received, she noticed that all the stated reasons and suggestions – which relate to the fight against organized crime and corruption, transparency and integrity – had already been included in the proposal and she sees no reason to delay its adoption.

“I see nothing new that is not stated, nor anything that has not been done in the previous period. Only this year our starting position is different – not to expand, but to list the measures we will implement. I do not see what we can gain by delaying adoption,” she said.

The Standing Committees for Legislation and Ethics, Integrity and Responsibility of Judges and Prosecutors of the HJPC BiH presented comments from international partners on the HJPC Rulebook regarding reporting on assets and interests.

Most of the comments related to technical amendments and the participation of external monitoring experts, the method of their selection, as well as their involvement in the entire process, including verification. The Rulebook was adopted without discussion, after which it will be published publicly. This Rulebook was necessary for the formation of the Department for Implementation of Reports, in accordance with which experts should be employed.

“Before March 23, we will appoint a certain number; if we look only at that provision, there are no obstacles to taking office, but we also have the possibility of an administrative dispute, which would complicate things,” said Lagumdžija.

Detektor previously analyzed that the deadline adopted at the session of the House of Peoples of the BiH Parliament, until March 23, will not be sufficient to enable appointments of holders of judicial functions during this year, which could lead to a blockade of the work of certain institutions.

The Council adopted the Draft Amendments to the HJPC BiH Rules of Procedure without discussion, noting that amendments are possible after the opinion of the Delegation of the European Union to BiH, and that final adoption is planned for the next session.