Sistem normiranja rada tužilaca u Bosni i Hercegovini
Evaluation system of prosecutor's work in Bosnia and Herzegovina

Author(s): Demirel Delić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; judiciary; prosecutors; work evaluation; evaluation system; HJCP;
Summary/Abstract: The purpose of this paper is to present legal framework for individual and colective evaluation of prosecutors in the Bosnia and Herzegovina, criteria used for evaluation (quantity and quality criteria), bodie involved in these procedures (High Judicial Council and Prosecutorial Council of Bosnia and Herzegovina) and it's power. The main question arising from current legal framework is: what are the consequences of current particular evaluation criteria of prosecutors based on quantity and quality, does it de/stimulate best prosecutors to work harder and with more quality? The aim of assessing the work of a prosecutor will be presented within the scope of this article as well. Legal basis for the evaluation of prosecutor performance is set out in the provisions of the Law on the High Judicial Council and Prosecutorial Council of Bosnia and Herzegovina. Further and more detailed description is provided in the implementing act, issued by the High Judicial Council and Prosecutorial Council of Bosnia and Herzegovina on the basis of the legal authority. Criteria and measures for the evaluation comprise „prosecutor norms“ according to which a check is made whether the prosecutor solved the prescribed number of cases in the course of a year, and with what quality of those decisions, altogether with „work ethics“. Argumentation in the paper is based on statistic of Prosecutor's Offices in Bosnia and Herzegovina, and it's evaluation. In conclusion, the Bosnia and Herzegovina is a state where a system of formal evaluation is applied, wherein the assessment is based on the scoring principle. The paper is based on a finding solution/constructive criticism for improvement of the current evaluation system.

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