Tenzije između pravosuđa i politike: Da li najavljene izmjene Zakona o VSTV rješavaju probleme?
Tensions between the judiciary and politics: Do the announced amendments to the HJPC law solve problems?
Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; judiciary; BiH; VSTV; HJPC; legislative authorities; amendments; judges; prosecutors;
Summary/Abstract: The author discusses the relations between the judiciary and the executive and legislative authorities, particularly pointing out the issues of independence and accountability of the judiciary. The analysis of the examples of public reaction in the article points to the growing tension between the judiciary and politics and to the need for dialogue between the judiciary and the executive and legislative authorities. The author concludes that the intention of the political forces to transfer the power to appoint prosecutors to the Parliament, through amendments to the law, does not resolve the issue of the democratic legitimacy of the judiciary and its accountability and argues that the participation of the executive authority (Ministers of Justice) in the structure of the regulator (HJPC) could establish the necessary balance between the political sphere and the judiciary and thus reduce the unwanted tension. As a mechanism necessary to eliminate the possible influence of executive authorities on independence and the status of judges and prosecutors, the author proposes the exclusion of the executive authority representatives (Ministers of Justice) from the decision-making on appointments and other status related rights of judges and prosecutors.
- Page Count: 13
- Publication Year: 2014
- Language: Bosnian