Analysis of the BiH judiciary with reference to the practical problems of the party in the open market Cover Image

Analiza pravosuđa BiH s osvrtom na praktične probleme stranke u postupku
Analysis of the BiH judiciary with reference to the practical problems of the party in the open market

Author(s): Senad Pizović
Subject(s): Politics, Law, Constitution, Jurisprudence, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: BiH judiciary; High Judicial and Prosecutorial Council of BiH; public prosecutor; judicial practice; public law;
Summary/Abstract: I have tried to show practical problems in the BiH judiciary I encounter in my daily work. They cast doubt on the proper functioning of the judiciary as a whole. One should not neglect the positive features of the judiciary, especially the honorable and responsible holders of judicial functions, but addressing problems in the daily work of a lawyer can certainly contribute to the articulation of practical problems and their resolution. With regard to the issue of public self-representation, I believe that the High Judicial and Prosecutorial Council of BiH should take measures to avoid inappropriate behavior of the public prosecutor and their mutual accusation. At the same time, measures should be taken to protect the holders of judicial functions from inappropriate and unprofessional reporting of the media in relation to their work of judicial functionaries. When it comes to problem-solving issues within a reasonable time, I consider that the first step would be for the BiH High Judicial and Prosecutorial Council to take measures to determine the responsibility for not making a decision within a reasonable time. This would, I believe, prevent or at least significantly reduce the length of court proceedings in BiH. If there are objective circumstances such as court overload or lack of material and human resources, the HJPC should initiate the initiative to provide appropriate courts and tribunals with adequate material and human resources to assist the work of targeted courts. Such a HJPC initiative that would precede the analysis of critical points in the work of the courts should be presented as an elementary public interest by which responsibility would be transferred to the hands of the legislative authority. With regard to uneven judicial practice, I consider that it is necessary to appoint a judge for the harmonization of court practice in each court, whose exclusive task would be to avoid the different case law of the courts, which would ultimately lead to greater public confidence in the BiH judiciary and facilitated the exercise of the rights of parties in the proceedings.

  • Page Count: 6
  • Publication Year: 2018
  • Language: Bosnian