prijava
SARAJEVO, January 25 (FENA) – A draft law on the High Judicial and Prosecutorial Council has not yet been prepared, let alone a law on BiH courts.
“The fact is that due to the current situation caused by the Covid-19 pandemic, we encounter difficulties in working on the planned activities. Numerous meetings have been postponed, and the Working Group formed to draft a new law on the High Judicial and Prosecutorial Council consists of a number of members. It is very difficult to organize meetings, so we will try to solve this issue at least partially through written communication,” said in an interview for the daily newspaper "Oslobodjenje" the Minister of Justice of BiH Josip Grubeša.
According to him, it is true that this situation makes it difficult to fulfill the set goals, however, that is not the only reason why these laws are not in the procedure yet.
“First of all, there is the absence of compromise on methods of overcoming the identified shortcomings, and then a large number of those involved in the matter, who consider themselves invited to participate in changes to regulations. No one has yet managed to reform himself/herself, ideas and methods must come from outside, from objective observers. The mentioned draft law on amendments to the Law on the HJPC of BiH was prepared at the beginning of September 2020 and all necessary opinions were obtained, justified suggestions were accepted and incorporated into the text,” said Grubeša.
Thereafter, the draft law was sent to the Venice Commission for an opinion and will soon be referred to the Council of Ministers.
One gets the impression, since the new law on the HJPC has been announced since 2018, that politics is hindering that process.
Asked what the most significant changes will be included in the new law on the HJPC, Grubeša said that there are more than 1,450 judges and prosecutors in BiH, and the law on the High Judicial and Prosecutorial Council regulates all issues left for discussion.
“The current law on the HJPC has shortcomings, especially with regard to appointments and disciplinary proceedings, conflicts of interest, declarations of assets, as well as the right to appeal against final decisions of the HJPC. Thus, the fundamental issues regulated in the draft law, which require urgent adoption, include; conflict of interest of members of the HJPC, reports on the property of judges and prosecutors, including the members of the HJPC, and their verification, the establishment of an integrity unit, legal remedies against appointment decisions and certain amendments related to disciplinary offenses and disciplinary proceedings which are being conducted against judges and prosecutors,” said, among other things, the Minister of Justice of BiH Josip Grubeša for "Oslobodjenje".
(FENA) A. B.
