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Bosnia and Herzegovina ratified two major Council of Europe treaties

Strasbourg 18/09/2020
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Bosnia and Herzegovina transmitted the instruments of ratification of the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No.211), also known as the MEDICRIME Convention, and the Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS No.213).

The MEDICRIME Convention will enter into force in respect of Bosnia and Herzegovina on 1 January 2021. There is no entry into force of Protocol No. 15 at this stage.

The MEDICRIME Convention is the first international criminal law instrument to oblige States Parties to criminalise the manufacturing of counterfeit medical products; supplying, offering to supply and trafficking in counterfeit medical products; the falsification of documents; the unauthorised manufacturing or supplying of medicinal products and the placing on the market of medical devices which do not comply with conformity requirements.

The Convention provides a framework for national and international co-operation across the different sectors of the public administration, measures for coordination at national level, preventive measures for use by public and private sectors and protection of victims and witnesses. Furthermore, it foresees the establishment of a monitoring body to oversee the implementation of the Convention by the States Parties.

 

Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms, makes the following changes to the Convention:

  • Adding a reference to the principle of subsidiarity and the doctrine of the margin of appreciation to the Preamble of the Convention;
  • Shortening from six to four months the time limit within which an application must be made to the Court;
  • Amending the ‘significant disadvantage’ admissibility criterion to remove the second safeguard preventing rejection of an application that has not been duly considered by a domestic tribunal;
  • Removing the right of the parties to a case to object to relinquishment of jurisdiction over it by a Chamber in favour of the Grand Chamber;
  • Replacing the upper age limit for judges by a requirement that candidates for the post of judge be less than 65 years of age at the date by which the list of candidates has been requested by the Parliamentary Assembly.

 

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