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

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Back Well-reasoned judgments as a measure of judicial authority

The 3rd two-day online training on legal reasoning and legal drafting in civil cases with the consideration of the European Human Rights Court’s case law and decisions of the Constitutional Court of Bosnia and Herzegovina was organised on 9 and 10 September 2021. The training was attended by 37 judges and legal advisors from Bosnia and Herzegovina.

As there was no simple legal way to formulate court conclusions and write judgments, they vary from a few simple to structured sentences, from short quotations to content-laden decisions. Therefore, the webinar was dedicated to the clarity of writing a conclusion based on legal arguments to be related to the circumstances of the case. During the practical part, participants were presented with examples of shortcomings in writing style, such as the lack of paragraphs, insufficient thoughtfulness and clarity in writing, clumsy presentation of legal conclusions and legal arguments for a court decision.

This activity was organised in cooperation with the Judicial and Prosecutorial Training Centres of Republika Srpska and Federation of Bosnia and Herzegovina 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.

Bosnia and Herzegovina 9 and 10 September 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.