News in English     | 09.12.2020. 13:00 |

Democratic Front is proposing a set of laws to completely reform the HJPC

FENA Press release

SARAJEVO, December 9 (FENA) - In an effort to offer legislation stemming from the 14 priorities set by the European Commission in its Opinion, the Democratic Front has submitted a set of laws implementing the complete reform of the HJPC to the parliamentary procedure in order to transform it into the High Judicial Council, the High Prosecutorial Council and the Office of the Disciplinary Counsel.

As stated by this political party, the intention of this reform is reflected in the supervision of the work of these institutions, through the representative bodies elected by the citizens, i.e., the citizens would have the opportunity to supervise the work of these bodies, through their elected representatives in representative bodies.

The situation in the judiciary, and especially the scandals in the work of the High Judicial and Prosecutorial Council of BiH, have shown that the existing laws do not ensure, in an adequate and publicly acceptable way, the responsibility of the holders of judicial functions in BiH.

This state of affairs has led to the absence of any responsibility and complete loss of trust in the judiciary in conditions of extreme violations of the rule of law, and the rights and freedoms of citizens and even to completely unacceptable and inappropriate behavior of judicial officials.

This set of Laws in no way affects the election of judicial office holders, nor is that the intention of this proposal, but it introduces an effective mechanism for monitoring and possible sanctioning of the Council members and judicial office holders in cases where the rule of law and circumstances based on established facts require it.

These laws make it impossible for judges to elect eligible prosecutors, for prosecutors and lawyers to elect eligible judges so that, according to the proposed changes, the selection would be made within the profession and vocation, among people engaged in the same line of work.

The criteria for persons intending to run for HJC, HPC or the Office of the Disciplinary Counsel, which can only be appointed if they have at least 10 years of experience in judicial or prosecutorial work, have been tightened.

At least one member of the High Judicial or High Prosecutorial Council must be from among the ranks of the minorities.

Another novelty is the introduction of transparency of the integrity of holders of judicial office, who are obliged to present their financial situation and the financial situation of their immediate family members.

Supervision of the work of judges and prosecutors is also introduced, as well as members of the High Judicial Council and the High Prosecutorial Council through the Office of the Disciplinary Prosecutor, which is accountable only to the BiH Parliamentary Assembly elected by the citizens, which should enable the sanctioning of corrupt behavior such as that in the case of Tegeltija.

The House of Representatives of the PA BiH in exceptional cases of evident corruption, as in the case of Tegeltija, when there is no reaction from the HJC or HPC, as is the case now, may dismiss a member of the Council.

In that case, the decision to dismiss members of the High Judicial Council and the High Prosecutorial Council is made by a seven-member ad hoc commission of the House of Representatives of the BiH Parliamentary Assembly consisting of four deputies, one of whom must be from the opposition and three members who are fulltime law professors in BiH.

With this set of laws, the Democratic Front continues to propose specific laws, all in order to meet the 14 requirements of the European Commission for BiH's candidate status for EU membership, stated the DF.

(FENA) S. R.

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