Initiative for Legal Certainty and Efficient Judiciary in Bosnia and Herzegovina – Phase II

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Back Assessed new remedies introduced and envisaged in Bosnia and Herzegovina to address the excessive length of proceedings

On 15 April, the Council of Europe presented the Analysis of the legal framework governing the protection of the right to a trial within a reasonable time to the highest courts and the legislators and other relevant national and international organisations who welcomed and supported its relevance.

The purpose of the Analysis was to detect at an early stage any difficulties that may be encountered during the implementation of the laws governing the protection of the right to trial within a reasonable time in Bosnia and Herzegovina, based on an assessment of the situation in Bosnia and Herzegovina regarding the excessive length of court proceedings, pointing at their shortcomings providing also a comparative evaluation of the effectiveness of a similar remedy already introduced in Republic of Serbia.

Building on the observations and recommendations envisaged in the Analysis, during the discussion, inter alia, a necessity for harmonisation of adopted/envisaged legal remedies was highlighted especially in respect of the amount of compensation awarded for non-pecuniary damage on the grounds of a breach of the reasonable time.

The Analysis was developed within the project: “Initiative for Legal Certainty and Efficient Judiciary in Bosnia and Herzegovina – Phase II” implemented by the Council of Europe and funded by the Kingdom of Norway.

Read the analysis

Bosnia and Herzegovina 15 April 2021

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The main partners and beneficiaries of the Project are Ministry of Justice of Bosnia and Herzegovina, High Judicial and Prosecutorial Council of Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Supreme Court of the Federation of Bosnia and Herzegovina, Supreme Court of Republika Srpska, Appellate Court of Brčko District; Judges’ and Prosecutors’ Training Centres of the Federation of Bosnia and Herzegovina and of Republika Srpska; Law faculties of universities of Bosnia and Herzegovina.

The main objective is to support a more coherent application of judicial practice in Bosnia Herzegovina, essential to ensuring legal certainty for the people and functioning of an efficient and human rights -friendly judiciary.
The following results are expected:

The case law database and case management systems used by the courts in Bosnia and Herzegovina apply the same case classification methodology and use vocabulary and descriptors compatible with the European Court of Human Rights (ECtHR) in human rights cases;
Strengthened case law departments;
Improved efficiency of courts and ensured better judicial protection for citizens in line with the judgments of the European Court of Human Rights;
Strengthened capacity of National Training Institutions for judges and prosecutors;
Support of law faculties to provide human rights training.