Pravosudni ispit u BiH: Analiza stanja i iskustva
Bar Exam in Bosnia and Herzegovina: Analysis of the Situation and Experiences

Author(s): Nihad Odobašić
Subject(s): Education, Law, Constitution, Jurisprudence, Higher Education , Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; legal education; Bar Exam; examination of the jurist's knowledge;
Summary/Abstract: Bar Exam is one of the most important steps in legal education. In Bosnia and Herzegovina, passing the bar exam is possible before the entity and state levels, respectively before the Ministry of Justice of Bosnia and Herzegovina, Federal Ministry of Justice and Ministry of Justice of Republika Srpska. Based on the personal experience of the author, this paper examines the most important legal solutions regarding the procedure and content of the bar exam, discussing key segments that need to be modified in order for bar exam to fit its primary purpose: adequate examination of the jurist's knowledge. The first part of the paper presents the conditions, as well as the two-part structure of the bar exam. The oral part of the exam, with its new design after the recent changes of the Federal Ministry of Justice is problematical since it does not enable complete insight into the candidate's knowledge. The second part of the paper is about basic statistics results on the performance and success rate of the bar exam before the Federal Ministry of Justice. Following part of the paper is devoted to the composition of the bar examination commissions and the fundamental criterion of "high reputation of legal expert" required for appointment to the Commission. There are several examples that point to a broad interpretation of the above criterion, which results in erroneous practice in the appointment of the examination commissions. In the final part of the paper, I analyze the existence of informal preparatory seminars as well as the participation of examination commissions members in such seminars. In this segment of the pre-bar exam seminars there is a lack of regulation on the participation of commissions members as lecturers, since they later examine candidates who have previously met in such informal trainings. The concluding considerations outline the key problems in the current system of passing the bar exam in Bosnia and Herzegovina, as well as possible solutions to preserve the bar exam as the most important examination of the knowledge of every jurist's career.

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