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Council of Europe together with the OSCE Mission to Bosnia and Herzegovina helps improve legal certainty and equality of citizens before the law

Council of Europe organised a roundtable discussion on the harmonisation of case law and judicial practice for senior judges in BiH, on 6 December 2021 in Sarajevo. The event was aimed at improving legal certainty and equality of citizens before the law. It was organized in co-operation with the BiH High Judicial and Prosecutorial Council (HJPC) and the OSCE Mission to Bosnia and Herzegovina (BiH).

“The following grounds are essential: sustainability and uniformity of judicial practice, which gives an important result – predictability; contemporary judicial management; zero tolerance for corruption; new communication policy (openness and public-oriented service are important to restore public trust); new structure and quality of judgments, especially its reasoning,” said Dragoljub Popović, former judge at European Court of Human Rights.

Following recommendations in the Venice Commission Opinion of 2012, in 2014 the HJPC established three harmonization panels, one for each of criminal, civil and administrative law areas. They consist of judges from the respective departments of the Court of BiH, the Supreme Court of the Federation of BiH, the Supreme Court of Republika Srpska, and the Appellate Court of Brčko District of BiH.

Council of Europe, under the auspices of the HJPC, has previously supported the work of the harmonisation panels. Conclusions and recommendations from the roundtable discussion will help drive the future work of the panels in addition to contributing to other initiatives to improve the harmonisation of the judicial practice in BiH.

The roundtable is organised under the project: “Initiative for Legal Certainty and Efficient Judiciary in Bosnia and Herzegovina – Phase II”, implemented by the Council of Europe thanks to the voluntary contribution of the Government of Norway.

Sarajevo 6 December 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.

Project information

  • Duration: 18 months (1 July 2020 – 31 December 2021)
  • Place/ country: Bosnia and Herzegovina
  • Budget: 500 000 €
  • Funding: Voluntary contribution - Kingdom of Norway

Project documentation

Useful links