Tužilaštva u političkom sporazumu SDP/SNSD: Nezavisno ili političko pravosuđe?
Prosecutions in Political Agreement SDP / SNSD: Independent or Political Justice?

Author(s): Sevima Sali-Terzić
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research, Corruption - Transparency - Anti-Corruption
Published by: Fondacija Centar za javno pravo
Keywords: Public law; judiciary; prosecution; independece; constitution; Constitutional Court; politics; SDP; SNSD; agreement; BiH; bias;
Summary/Abstract: The Agreement between SDP and SNSD on programmatic/project cooperation in legislative and executive branch of government suggest changes in the process of appointment of prosecutors at all levels in BiH. Namely, the Agreement foresees, among other issues, that all chief prosecutors should be appointed by 14 different legislative bodies (State, entities, cantons and Brčko District of BiH), while other prosecutors should be appointed by respective chief prosecutors. This raised serious issues related to maintenance of prosecutor's independence since such proposal reduces significantly the role that the High Judicial and Prosecutorial Council has in relation to this issue. The author argues that international standards related to the independence of prosecutors differ from those related to independence of judges and that it is permissible that legislator or even executive level can appoint prosecutors. However, author notes a tendency both in the region and in other countries to form independent prosecutorial councils that will have an important role in the process of appointment of prosecutors. Also, there is a need for institutional safeguards against unacceptable outside interference in particular cases that have to be in place. Based on international standards and practice in some other countries, and taking into account the identified problems with the prosecutorial service in BiH, author argues that only State, Entity and Brčko District Chief Prosecutors should be appointed by the legislator – BiH Parliamentary Assembly. However, all deputies, Chief Prosecutors at cantonal levels, and all other prosecutors should be appointed by the Prosecutorial Chamber of the HJCP that should be established. Author also suggest a model of appointment that could be used to develop a process that would make prosecutor services at all levels more effective and accountable, but that will at the same time guarantee autonomy of the prosecutor's offices and independence of individual prosecutors.

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