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

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Back Council of Europe supports the initial training of judges in Bosnia and Herzegovina

Two trainings on legal reasoning and legal drafting of court decisions were organised in December within the initial training of judges and prosecutors. The workshop for criminal cases was organised on 7 - 8 December 2021 in Čardaci and for civil cases on 20-21 in Banjaluka for 17 newly appointed first instance judges.

The trainings underlined that the court must give sufficient reasons for the rendered judgment, having adequately considered the merits of the case. Additionally, the trainings explore the obligations of domestic courts regarding the extent and content of the reasoning they provide considering the Article 6. 1 of the European Convention of Human Rights - Right to a Fair Trial.

The trainings were organised in cooperation with the Judicial and Prosecutorial Training Centres of Republika Srpska and Federation of Bosnia and Herzegovina under the project: “Initiative for Legal Certainty and Efficient Judiciary in Bosnia and Herzegovina - Phase II”, funded by the Kingdom of Norway.

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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.