BiH Judiciary: How politics destroyed independence
BiH Judiciary: How politics destroyed independence

Author(s): Branko Perić
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Politics and law, Court case
Published by: Mednarodni inštitut za bližnjevzhodne in balkanske študije IFIMES
Keywords: BiH; politics; independence; judiciary; HJPC;
Summary/Abstract: Establishment of an independent regulator in the area of judiciary was one of the most important steps in the reform designed by the international community (OHR) in BiH, after a comprehensive analysis of the functioning of the judicial system.[2] The process commenced with the imposing of the law on three high judicial and prosecutorial councils, which functioned as a single body consisting of national and international members[3]. The main goal was to eliminate the powerful political influence from the election of judicial office-holders and establishment of independent judiciary. The next step was the signing of the Agreement on the transfer of competences in the area of judiciary from the entity to the state level[4] and establishment of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (hereinafter the HJPC). These measures laid the foundation for an independent national judicial system.

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